E-Bikes and E-Scooters: What Santa Barbara-area Landlords Must Allow
- Apr 23
- 6 min read
In 2023, California passed SB 712, a law that prohibits landlords from banning e-bikes and e-scooters entirely. The law was meant to support sustainable transportation and accessibility for people with disabilities. But for property owners, it creates new compliance headaches—especially around lithium-ion battery safety and fire risk.
Starting January 1, 2024, you must either allow tenants to store and charge their devices in the unit (under specific safety conditions) or provide secure, long-term storage outside the unit. You can't just say no.
What Counts as a "Personal Micromobility Device"?
The law has a specific definition. A personal micromobility device is a device with both of these characteristics:
It's powered by the physical exertion of the rider (like a regular bike or skateboard) or by an electric motor (like an e-bike or e-scooter)
It's designed to transport one individual, or one adult accompanied by up to three minors
This covers e-bikes, e-scooters, electric skateboards, and similar devices. It does NOT cover motorcycles, mopeds, or anything designed to carry more than one adult or four people total (one adult + three minors).
Your Two Options: In-Unit or Secure Storage
California gives you a choice. Pick one strategy and stick with it.
Option 1: Require Secure, Long-Term Storage (Blocks In-Unit Charging)
If you provide secure, long-term storage, you can prohibit tenants from storing and charging devices in their units. Here's what "secure, long-term storage" actually means—and it's detailed:
Access is limited to residents of the same housing complex (not open to the public)
It's located on the premises
It's reasonably protected against precipitation (a roof or cover)
It has a minimum of one standard electrical outlet for each device that will be stored and charged there
Tenants are not charged for its use
If you have a 10-unit apartment complex, you need at least one outlet per unit, so 10 outlets total. If you have a 4-unit building with one resident who has an e-bike and one with an e-scooter, you need a minimum of two outlets in the storage area—one for each device that might be stored.
The storage area can be a dedicated room, a covered garage corner, a lockable shed, or an outdoor shelter with overhead coverage. It just has to meet those five criteria.
Option 2: Allow In-Unit Storage and Charging (Subject to Restrictions)
If you don't provide secure storage, tenants can store and charge up to one personal micromobility device per person occupying the unit, right in their dwelling unit. But the device must meet one of three conditions:
Condition A: It's Not Powered by an Electric Motor A regular bike or skateboard with no motor—no restrictions apply.
Condition B: It Meets Safety Standards For e-bikes: UL 2849 (U.S. Consumer Product Safety Commission standard) or EN 15194 (European standard) For e-scooters: UL 2272 (U.S. standard) or EN 17128 (European standard)
If the device meets one of these standards, tenants can store and charge it in the unit without additional conditions.
Condition C: It's Insured The tenant has insurance covering storage of the device in their dwelling unit. If the device is insured but doesn't meet the safety standards, you can allow storage—but NOT charging. It sits in the closet unplugged.
This last scenario is important: if a tenant brings an off-brand e-scooter that doesn't meet UL 2272 but it's insured, you can let them keep it in the unit, but they can't plug it in to charge there.
What You Can Prohibit and Require
Even if you allow in-unit storage and charging, the law doesn't prevent you from:
Prohibiting Repair and Maintenance Work Tenants cannot repair or maintain the batteries and motors of their devices inside the unit. However—and this is a specific exception—they CAN change a flat tire or adjust the brakes inside the unit.
Requiring Fire Code Compliance The device must comply with applicable fire code. You can also require it to comply with the California State Fire Marshal's Information Bulletin 24-001 (issued January 24, 2024) regarding lithium-ion battery safety, or any updated guidance the State Fire Marshal issues. If you do, you must provide the tenant with a copy of the bulletin.
Prohibiting Guest Devices You're not required to allow guests of tenants to charge their devices on the property. Only residents and occupants of the unit can use the storage and charging rights. If a guest's device is a necessary accommodation for their disability, that's a different analysis (reasonable accommodation under fair housing law), but generally, guests' devices are off-limits.
Special Rules for Tenants with Disabilities
If a tenant requires a personal micromobility device as an accommodation for a disability, the storage and charging restrictions don't apply. They can store and charge the device regardless of whether it meets safety standards, and regardless of whether you've provided secure storage. This falls under your duty to provide reasonable accommodations under fair housing law.
Updating Your Lease and Rules
If you're using an older lease or form, you need to update it.
What Your Lease Should Say:
That residents have a right to store and charge one micromobility device per person occupying the unit (unless you provide secure storage, in which case charging in the unit is prohibited)
The safety standards that apply (UL 2849, UL 2272, EN 15194, EN 17128, or equivalent)
That devices must comply with fire code and State Fire Marshal guidance
That repair and maintenance of motors and batteries are prohibited in the unit (but tire changes and brake adjustments are allowed)
That devices cannot be stored or charged in common areas
That extension cords cannot be run from indoors to outdoors to charge a device
If you provide secure storage, an explicit statement that storage and charging in the unit are prohibited
Requirements for insurance documentation if the device doesn't meet safety standards but is being stored
For Existing Tenants:
If you have month-to-month tenants, you can change the lease terms with a 30-day notice.
For fixed-term leases, the terms don't change until the lease expires. Note that in the City of Santa Barbara and County of Santa Barbara, local rent control and just cause ordinances might limit your ability to change terms, so check with an attorney before serving the notice.
The Fire Risk Reality
You're probably allowing this because the law requires it, not because you love the idea of lithium-ion batteries charging in your units. The State Fire Marshal's bulletin addresses fire prevention: proper ventilation, avoiding damage to the battery, keeping the device away from flammable materials, not overcharging. If a tenant ignores these warnings and there's a fire, liability gets complicated fast.
That's why the law lets you require compliance with fire marshal guidance and why you should document everything. Keep copies of the fire safety bulletin you provided, and if a device doesn't meet UL standards, require proof of insurance before the tenant plugs it in.
What You Should Do Now
Check your current lease. Does it address micromobility devices? If not, contact your attorney or reach out to us for the latest documents.
Decide your strategy. Will you provide secure, long-term storage, or will you allow in-unit storage and charging under the safety standards? This is a building-wide decision, not unit-by-unit.
If you're providing secure storage, make sure it has adequate electrical outlets (one per unit at minimum) and that it's covered and locked.
If you're allowing in-unit storage, decide whether you'll require proof of insurance for non-standard devices or whether you'll just allow the safest devices (those meeting UL standards).
Create an information request form (reach out to us if you need assistance with this) to track which devices are in which units and whether they meet the safety standards. This protects you if there's ever a fire or liability claim.
For existing tenants on month-to-month, consider serving a 30-day notice of change of terms if your current lease doesn't address devices. Make it clear, make it friendly, and give them time to adjust.
This is a general overview, not legal advice. Micromobility rules interact with fire code, insurance, fair housing law, and local rent control in ways that vary by situation. If you're setting up a new policy or dealing with a specific problem (like a device fire), talk to a California real estate attorney.
Learn more about how we can help at Sycamore Property Management.
