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Updated almost 9 years ago on . Most recent reply

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Bobby Narinov
  • Rental Property Investor
  • Trabuco Canyon, CA
78
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Preventing tenants from damaging my video recording cameras

Bobby Narinov
  • Rental Property Investor
  • Trabuco Canyon, CA
Posted

I had some break-ins in my apartment complex so I installed 8 cameras around the apartment complex. None of the tenants objected before the video equipment was installed.
But after the installation one of them didn't like the placement of one of the cameras (because it was capturing the path going to her apartment) so they are constantly hitting the camera with a long stick until it starts pointing to the roof.

What can I do to make them stop messing up with the cameras. I am getting tired of that cat-and-mouse game: they are moving the camera and then I have to hire someone to fix it back. Any Ideas even the stupid ones are acceptable.

Most Popular Reply

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Joe Splitrock
Pro Member
  • Rental Property Investor
  • Sioux Falls, SD
18,560
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Joe Splitrock
Pro Member
  • Rental Property Investor
  • Sioux Falls, SD
ModeratorReplied
Originally posted by @Matthew Kreitzer:
Originally posted by @Joe Splitrock:

Hey @Matthew Kreitzer I agree with @James DeRoest this is hardly a criminal matter. The police will tell you it is a civil matter. Pushing the camera to change viewing angle is hardly criminal. It may even be hard to evict someone for this because they could argue it was a violation of their privacy. Not everybody is comforted at the idea of cameras watching their every move. It doesn't mean they are doing anything illegal. I would talk to the tenant and try to find a resolution, otherwise eviction is probably your only recourse. Just hope you get a good judge that isn't a privacy rights advocate.

 Disagree from a legal perspective. According to the California Penal Code, one may maintain a criminal action for Trespass to Chattels should someone interfere with the property of another without permission. Many states allow for one to bring a criminal action a number of different ways. Many of those ways do not even require the involvement of police officers. For instance, in Virginia, one may send a certified criminal complaint to the local commonwealth attorney to bypass the police. Alternatively, a person can go down the magistrate and have a sworn complaint done to bypass the police.

What he did was illegal according to the California Penal Code, and there are options available for someone to pursue this should they wish to punish the individual.

Now that does not mean it is a good idea to pursue this. I am merely speaking academically at this point. Yes (in my opinion), the tenant is committing continued criminal trespass to his property. Yes (in my opinion), he could be prosecuted. No (in my opinion), you do not have to listen to police.

Disclaimer: I am not licensed in California. If you have a California legal issue, consult California counsel. It may or may not be a good idea to pursue the criminal route. I cannot advise you on this matter. Were this a Virginia case, I would focus on the Civil side of the equation as opposed to the criminal side, but an attorney in California may tell you different. The resolution of legal cases are highly fact specific, and you should consult a local attorney for more information about your particular case. None of the above should be taken as actionable legal advice, merely educational information.

Oh I was talking real world, not academic. You call the police and tell them one of your tenants pushed your security camera angled up with a stick and see what they say. I think the courts would find this a waste of their time and I am doubtful anyone would prosecute for it. The police and legal system are overwhelmed with real problems. I am a firm believer in practical advice.

  • Joe Splitrock
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