Date: October 16, 2024
Author: Heidi Palutke, Education, Policy, and Compliance Counsel
With the increasing popularity of micromobility devices like e-bikes and scooters, many property owners and landlords are grappling with how to handle these devices on their properties. One common question is whether landlords should add a micromobility device storage addendum to their lease agreements. Additionally, there are growing concerns about the safety risks associated with charging and storing these devices, especially related to fire hazards caused by lithium-ion batteries.
Can You Prohibit Micromobility Devices?
As a landlord, you cannot outright prohibit tenants from storing and charging micromobility devices (such as e-bikes and scooters) in their rental units. Tenants have a right to store and charge these devices, but this is subject to certain limitations and rules—rules that must be outlined in the rental or lease agreement.
This is where Paragraph 18 of the California Apartment Association’s (CAA) Rental/Lease Agreements comes into play. By including these terms in your lease agreement, you can legally impose certain restrictions and safety standards that tenants must follow when using micromobility devices. Without these restrictions, tenants could store and charge as many devices as they wish, without regard to safety guidelines or insurance coverage.
Addressing Fire Safety Concerns
Fire safety is a significant concern, especially when it comes to lithium-ion batteries, which power many e-bikes and scooters. To help mitigate these risks, the CAA rental/lease agreements come with a Lithium-Ion Battery Safety Bulletin, which is prepared by the State Fire Marshal. This bulletin contains crucial information on the proper handling, storage, and charging of these batteries to minimize fire hazards.
However, providing this bulletin is only a recommendation unless it is formally integrated into the rental agreement. For tenants to be legally required to comply with the safety guidelines in the bulletin, it must be part of the lease agreement. If you are dealing with month-to-month tenants, you can make this change using a Notice of Change of Terms of Tenancy.
Micromobility Device Storage Addendum
If you are considering offering a separate storage and charging space for micromobility devices outside of tenants’ units, you can use the Micromobility Device Storage Area Addendum. This addendum allows landlords to prohibit the charging of e-bikes and scooters within individual units, provided a compliant storage and charging space is made available elsewhere on the property.
It’s important to note that this addendum should only be used if you have set up a designated space that meets specific safety and technical requirements for storing and charging micromobility devices. The proper setup of these areas can provide peace of mind for both landlords and tenants by reducing the risk of fire hazards while accommodating the increasing demand for micromobility devices.
Making Changes for Existing Tenants
For landlords who manage month-to-month tenants, any updates to the lease, such as adding the provisions of Paragraph 18, can be made by serving a Notice of Change of Terms of Tenancy. This form has been created specifically for situations involving personal micromobility devices and must be personally served to tenants.
By implementing these changes, you not only ensure that your property complies with legal requirements but also promote a safer environment for all tenants, especially when it comes to the safe use and storage of micromobility devices.
In Summary:
•Tenants have the right to store and charge micromobility devices, but landlords can impose safety-related restrictions through their lease agreements.
•The CAA’s Rental/Lease Agreements (Paragraph 18) allow landlords to set limits on the number and use of e-bikes and scooters in units.
•A Lithium-Ion Battery Safety Bulletin is available and should be included in rental agreements for legal compliance.
•The Micromobility Device Storage Addendum should be used if a designated storage space is provided outside the unit, allowing landlords to prohibit in-unit charging.
•For month-to-month tenants, changes to the lease agreement can be made through a Notice of Change of Terms of Tenancy.
With these tools and guidelines, landlords can confidently navigate the challenges posed by micromobility devices while promoting safety and compliance on their properties.
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