Electric Vehicle Charging - Draft Lease Statement

[Jim Windgassen]

I want to put a clause in my lease concerning the charging of electric vehicles at my properties which are at present a number of single family homes in Maryland and Florida.  I have put together the following draft and would like to get feedback on this.  I'm an electrical engineer by trade, so I think I've got a good handle on the technical content, but the wording and legal may need help.  Here's the draft:

1. Electric Vehicle Charging

The Landlord supports the adoption of electric vehicles (EV) and will make reasonable efforts to support Tenants that choose to transition to EV. The charging of EVs at the Property is allowed but must be done in a safe manner to avoid electrical and fire hazards. The following rules apply to charging EVs at the Property:

Level 1 Charging – (Standard NEMA 5-15 or 5-20 120V, 60Hz Outlet)

An existing NEMA 5-15 or 5-20 at the Property may be used by the Tenant for the charging of an EV if the following rules are followed:

1. Only Electric Vehicle Supply Equipment (EVSE) which are approved by Underwriters Laboratories (UL) are allowed to be used for charging EV at the Property.

1. The EVSE shall not be left exposed to the elements unless it is expressly rated for weather exposure. The EVSE shall be elevated off the ground so that it will not lie in a puddle of water.

1. If an extension cord is used, it must meet the following requirements: 3-wire, UL listed, outdoor rated, minimum 12AWG wire, NEMA 5-15 or 5-20 plug/outlet with a maximum length of 50 feet. The cord must be in good condition with no cuts, nicks, or other damage. Extension cords to be used must be approved by the Landlord prior to use.

1. The connections to the 120V outlets, including those to the extension cord if used, must be protected from the elements.

Level 2 Charging – 240VAC

The Landlord will attempt to make reasonable accommodations to support the use of Level 2 charging at its properties on a case-by-case basis. Each property is unique and has differing considerations such as the distance from the electrical panel to the area for charging and the electrical service to the property itself. No accommodations for Level 2 charging will be made without evidence that an EV will be charged regularly at the Property.

If practical and installation can be achieved at a reasonable cost, either a NEMA 14-30 or 14-50 outlet will be provided to the Tenant to connect Tenant’s personally owned EVSE. EVSE will not be provided by the Landlord.

Existing 240V outlets which are reasonably accessible to the vehicle may be used for EVSE charging upon approval by the Landlord. Existing 240V outlets shall not be used for EVSE charging without a review by the Landlord.

The following additional rules apply to Level 2 charging at the Property:

1. Only EVSE which are approved by Underwriters Laboratories (UL) are allowed to be used for charging EV at the Property.

1. The EVSE shall not be left exposed to the elements unless it is expressly rated for weather exposure. The EVSE shall be elevated off the ground so that it will not lie in a puddle of water.

1. The connections to the 240V outlets, including those to the extension cord if used, must be protected from the elements.

1. Any extension cords used for Level 2 charging shall be approved by the Landlord.