Aside from defamation law, does anyone know of any U.S. law (California, even better) governing the information that a landlord can provide to law enforcement (or to a private citizen, for that matter) about a tenant?
Assume that there’s no subpoena, no release signed by the tenant specifically allowing release of information, and that the lease is silent.
Apparently, occasionally the police approach our apartment managers and ask for information on Jane X. For instance,
Does Jane X live in this complex?
In which unit?
How long has she lived there?
I know that credit reporting statutes govern the information a landlord can provide re credit history, etc., but I don’t think that applies here. Any thoughts? Is there any basis for civil liability of the landlord for providing the above info?
Why don’t you call the police where you live on their info line & ask? Our cop place has a little brochure on these sorts of things, but I don’t know if what you’re asking is mentioned in it.
Hmmm…that’s an idea. I might ask them, but I think if that there IS some risk of civil liability, their incentive to tell me about that is not great…after all, they are asking for the info and I’m sure they want us to cooperate with them.
I’d feel more secure getting info from a disinterested party.
How about a renters’ rights type organization in California? They’re probably skewed the opposite way, but if you’re worried about violating anybody’s expectation of privacy, I think it’s better to err on the side of caution.
This web site might have something that can help you.
Oh, yes I forgot this was in california…yep nolo.com should have a book, Tenant’s Rights, about $22.00 You’d probably find it in any bookstore in the bay area. It’s a great book on Tenant’s legal rights for California.