Micromobility Devices in Rentals: What Berkeley Housing Providers Need to Know

AB 371California’s SB 712, effective January 1, 2024, introduced new rules governing tenants’ rights to store and charge e-bikes, scooters, and other micromobility devices. These devices are increasingly popular, but their lithium-ion batteries can pose serious fire hazards if stored or charged improperly.

What SB 712 Requires

• Right to own: A landlord may not prohibit a tenant from owning personal micromobility devices.

• In-unit storage and charging: A landlord may not prohibit a tenant from storing and recharging up to one personal micromobility device for each person occupying the unit, provided the device is either non-electric or meets specified safety standards.

  • For e-bikes, recognized standards include UL 2849 or EN 15194.

  • For e-scooters, recognized standards include UL 2272 or EN 17128.

  • If a device is not UL- or EN-certified, tenants may still keep it in their unit if they carry liability insurance for the device, but landlords may prohibit them from charging it indoors.

• When a landlord can bar in-unit storage: Only if the landlord provides secure, long-term storage on the premises that is resident-only access, weather-protected, provides at least one standard electrical connection for each device stored and recharged there, and is provided at no cost to tenants.
• Other critical limits and rights:

• • The law does not require a landlord to approve modifications to a unit for the purpose of enabling storage.
  • A landlord may prohibit the repair or maintenance of batteries and motors inside a unit, except for minor adjustments, such as changing a flat tire or adjusting brakes.
  • A landlord may require compliance with applicable fire code and the State Fire Marshal's lithium-ion safety bulletin.

Why It Matters for Housing Providers

• Fire safety: Lithium-ion battery fires are fast-spreading and difficult to extinguish.

• Liability: If you knowingly allow unsafe storage, your insurance exposure may increase.

• Access: Large devices can obstruct exits or interfere with shared spaces.

• Lease compliance: Most leases don’t currently address micromobility devices at all.

Example: A Member’s Conundrum

One BPOA member recently faced a tricky situation. A tenant purchased a new e-bike and parked it in the shared garage/laundry without notice or permission. The lease only allowed the tenant one shelf and one standard bicycle in that space.

The landlord was about to leave for several weeks and worried about fire safety, liability, theft, and blocked access. She shared that she would like to ask the tenant to remove the e-bike until she returned from vacation, when she could “discuss options and perhaps a lease amendment.”

In this case, the tenant had just moved in on June 25, 2025, under a brand-new lease. It’s a timely reminder that the issue of micromobility devices can arise quickly, sometimes just weeks into a tenancy. Including BPOA’s Micromobility Devices Addendum with every new lease ensures you’re already covered if and when a tenant acquires an e-bike or scooter.

We also advised this member to consider permitting garage storage under written conditions, if the garage can meet the standards the law requires. Otherwise, the fallback under SB 712 is in-unit storage, which could pose even greater fire risks.

This example illustrates why it’s best practice to make the addendum a standard part of every lease package, whether or not the tenant currently owns one of these devices. With SB 712 now in effect, clear rules from the outset are the safest approach for everyone.

Best Practices

• Adopt BPOA’s Micromobility Devices Addendum: This form requires tenants to register their devices, comply with safety standards, and follow proper charging and disposal practices. It also allows landlords to conduct periodic inspections.

  ALWAYS USE: Micromobility-Devices-Addendum

• Clarify lease limits: State that common areas are off-limits unless expressly permitted.

• Decide your approach:

  • Allow in-unit storage only, per state law;

  • Provide a compliant storage facility; or

  • Permit garage storage under written conditions (if the garage meets the standards the law requires)

• Be proactive: Don’t wait until a tenant shows up with an e-bike. Incorporate rules now.

Quick Guide: SB 712 in Plain English

• Tenants may keep one certified e-bike, scooter, or similar device inside their unit.

• Landlords can only prohibit in-unit storage if they provide a compliant on-site storage facility (secure, weather-protected, with outlets, and free of charge).

• Tenants do not have the right to place micromobility devices in common areas without landlord permission.

Key Takeaway

SB 712 limits landlords’ ability to ban e-bikes entirely, but it doesn’t leave you powerless. With clear lease terms, use of the Micromobility Devices Addendum, and proactive communication, you can reduce fire risks, protect yourself from liability, and set fair expectations for tenants.