Are you allowed to record a call with your tenant? California's two party rule for DIY landlords

Published July 26, 2026

Penal Code 632 makes it a crime to record a confidential call without every party's consent, up to $2,500 and a year in jail on a first offense. Tell the tenant up front and get their agreement, or do not hit record.

California is a two party consent state. Penal Code section 632 makes it a crime to record a confidential communication, including a private phone call, without the consent of every party on the line. A first offense carries a fine up to $2,500 and up to a year in jail, and the fine climbs to $10,000 for a later offense. If you want a documented record of a call with a tenant, tell them up front that you are recording and get their agreement before you hit the button.

I keep hearing about this from owners weighing self management, and it usually comes up the same way. Someone had a rough call with a tenant, a dispute over a repair or a late payment, and they want proof of what was actually said next time. A call recording app on the phone feels like the obvious fix. It is also the fastest way to hand a tenant a criminal complaint and a civil claim against you if you do it quietly.

What the statute actually says

I pulled the current text of Penal Code section 632 directly rather than work from memory, because this is one of those rules people repeat secondhand and get slightly wrong.

The core prohibition: a person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, has violated the section.

A confidential communication is defined broadly, as any communication carried on in circumstances that may reasonably indicate that any party to the communication desires it to be confined to the parties. California courts have read ordinary phone calls into that definition. A landlord and tenant on a phone call about a lease issue are not making a public announcement, and the law treats that call as confidential unless something about the circumstances says otherwise.

The penalty on a first offense is a fine not exceeding $2,500 per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or both. A prior conviction under this or a related section raises the fine to not exceeding $10,000 per violation, with the same imprisonment exposure. The statute also makes evidence obtained through an illegal recording inadmissible in almost any judicial, administrative, or legislative proceeding, except a prosecution for violating the statute itself.

Where self managing owners actually get tripped up

The mistake is rarely deliberate. Most owners who record a call without telling the tenant are not trying to break the law, they are trying to protect themselves. A call recording app gets installed, recording gets turned on by default, and nobody says anything at the start of the call because it did not occur to them that silence is the problem.

The fix is simple and it has to happen every time, not just the first time. Say it out loud at the start of the call: this call is being recorded, is that okay with you. If the tenant says yes, you are covered and you have a usable record. If the tenant says no, or does not clearly agree, you do not have consent and recording anyway is the violation, even if you meant well.

A common assumption I hear is that a recorded voicemail greeting saying calls may be recorded covers every call afterward. It does not reliably establish consent for a specific conversation, and relying on a blanket disclosure instead of a clear yes on the actual call is a risk, not a shortcut. Confirm your specific setup with a licensed professional before treating any boilerplate disclosure as sufficient.

What this means for your building

If you are managing your own rental and you want a record of difficult conversations, get the consent conversation right before you get the recording. State plainly that the call is being recorded and wait for a clear agreement. Put the same practice in writing too, a text or email confirming what was discussed, since a written trail does not carry the same criminal exposure that a secret recording does.

A property manager who handles this daily treats consent as a fixed script, not a judgment call made in the moment when a conversation is already getting tense. That consistency is the actual protection. The recording itself is only useful if it was legal to make in the first place, since an illegal recording is not admissible if the dispute ever reaches a hearing.

Common questions

Can I record a tenant call if I only tell them at the very end? No. Consent has to be obtained before or at the point recording starts, not retroactively. Telling a tenant afterward that the call was recorded does not cure a violation that already happened.

Does a text message saying "this call may be recorded" count as consent? It may support your position, but it is not the same as the tenant clearly agreeing to that specific call. Confirm your notice language with a licensed professional rather than assuming a generic disclosure is enough.

What if the tenant is the one recording me without telling me? The same statute applies to them. Penal Code 632 does not carve out an exception for tenants recording landlords, and the same consent requirement runs both directions.

Last verified: July 25, 2026. Statutory text confirmed against the official California Legislative Information site for Penal Code section 632 as of that date. This is general information for property owners, not legal advice. Confirm your specific recording practices with a licensed professional before recording any call with a tenant.

Kellie

Schofield Properties

323 Richmond Street, El Segundo, CA 90245

Topics: self-management, legal, south-bay

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Schofield Properties is a family run property management company at 323 Richmond St, El Segundo, CA 90245. We have managed the South Bay since 1972 and personally oversee about 186 doors today. Book a call to talk about your property.