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.

[John Underwood]

I am also an Electrical Engineer.

Who is responsible for installing the outlets for level 2 chargers? Who is paying for the installation? If tenant list only an approved licensed electrician may be used. 

Do your properties have garages for the outlets?

If outdoor list NEMA rating of outdoor rated devices. 

Possibly identify by part number the currently approved devices that can be used?

If you are footing the bill for installation and hardware will you raise rent?

I personally think it might be too soon for this unless you have higher end properties, but it is becoming more widespread everyday.

I am thinking about installing these myself at my Vacation rentals in the near future.

[Jim Windgassen]

John,

I have personally been driving mostly electric since 2016.  I think the change towards EVs is going to start happening pretty quickly now, so I thought I'd try to get ahead of things and try to work out what my EV policies might look like before it comes up.  Most of my properties have garages, but 2 do not.  Most of my properties have the service panel either in the garage or very close to it, so the work to install the outlet would be pretty trivial for most of my properties.  I have done a lot of electrical work over the years and have installed lots of 240V outlets over the years, and my partner's brother owns an electrical contracting company so I could either do it myself or have her brother do it.  My cost for many of my properties to add a 240V outlet would be pretty low.

The main lease specifies that no alterations to the home can be made by the Tenant without permission of the Landlord, so this definitely covers electrical modifications.  That said, there is probably no harm in reiterating this policy here.

I agree that specifying a NEMA rating for the EVSE if it is outside is probably a good idea.  I'd imagine that most EVSE is NEMA 3 / IP65 rated, but I will have to do a little more research.

All of my properties are long term rentals, so I am not going to provide EVSE, just a 30 or 50A outlet for tenants to use with their EVSE.  If I get into the short term rental business, then it would make more sense to provide EVSE.

I like the idea of specifying pre-approved EVSE; I think I may do that.

Have you considered providing EVSE at your short term rentals ? This is one of the things I look for whenever I travel and stay at hotels or STR's.

[Bryce Nesbitt]

Looking at your lease terms compared to what I see on the ground during inspections:

1) The big issue is where the cord goes.  Is it out a window, pinched by a garage door seal, a walkway trip hazard, or just fine.  

2) The NEMA 6-20 plug is a good choice for low cost charging.  Cheap to install with thin wire, it will charge 4x as fast and plenty for most, yet not involve any big upgrades or wires or conduit.  Having a weird plug like this reduces the chance of the outlet being used for other purposes.

3) Many of the travel chargers are nominally waterproof, but in practice need to be sheltered to avoid internal condensation.

[Colleen F.]

@Jim Windgassen  Everything about making accommodations for a level two charger you state before "existing 240 V outlets" I would strike. It is basically a promise to maybe install a charger why put that in a lease? define reasonably accessible. No extension cords over x feet may be used might be better.

[Jim Windgassen]

Bryce - The NEMA 6-20 is an interesting idea for a low cost install, and while not as nice as a 50 amp outlet, it is still much better than a plain old 120V outlet.

[Jim Windgassen]

Quote from @Colleen F.:

@Jim Windgassen  Everything about making accommodations for a level two charger you state before "existing 240 V outlets" I would strike. It is basically a promise to maybe install a charger why put that in a lease? define reasonably accessible. No extension cords over x feet may be used might be better.

If I can install a 240V outlet in my property for a limited amount of money, say $200-250 which I can do if the panel is reasonably close, I am willing to do that as it isn’t a huge cost and may help keep a tenant.  Soon enough this is going to just be an expected amenity in a house, and once done, the outlet can provide service for decades.  That said, I do agree that perhaps I need to add some additional caveats stating that the decision is solely the landlord’s.

[Bryce Nesbitt]

If I can install a 240V outlet in my property for a limited amount of money, say $200-250 which I can do if the panel is reasonably close, I am willing to do that as it isn’t a huge cost...

The low cost universal plug to install is:

 The regular plug up top matches the travel cord that comes with EVs.  The next connector down NEMA 6-15 is four times faster, and enough for most overnight charging, yet adds virtually nothing to the wire cost.  Then you just need a weather protected location for the outlet and you're done.  Or go for a NEMA 6-20 for not much more.

[Colleen F.]

@Jim Windgassen   what i am saying is it is fine to do it but there is no reason to put this in the lease. don't add more, put less.    You can set your own personal policy for when you install charging but no need to put it in writing in the lease. All the rest about what is allowable for the tenant to do as far as EV charging is fine.   All the possible install language says is maybe I will do it, I decide, why bother writing it at all?  Things could change, you might change your mind on exactly what you will do when and for whom. It's a promise you don't need to make. Decide when there is a request. What you will and won't do can be discussed when they notify you of an EV.

[Jim Windgassen]

Colleen - I see your point and agree with you.  I will take your advice here and edit my lease.

Thank You !

[Rob Harnden II]

Here is something else to consider. EV fires. Coincidentally, after reading this thread in the afternoon, then watching the news the same night, I saw a story on EV fires. The segment started out with a video of a garage door being blown off because of a fire while someone's car was charging. The segment was about how the Colorado fire department has new equipment to deal with the specific problems with putting out EV fires. 

So, I also would wait until a tenant asks before presenting the charger addendum. AND, I would require that there be a smoke detector in the garage that is "connected" or "talks to" the smoke detectors in the house so that if a fire does break out in the garage, the tenants can get out out before the house burns down.

I would also make sure that there is a sufficient fire wall between the garage and the rest of the house. In the rental I just bought the home inspector cited lack of a fire wall between the house and the garage, so I had a contractor put a fire wall in even though EV charging wasn't even on my mind, but now I am glad I spent the money.

I am not against EV's. I plan to get one eventually, but fires are just something to prepare for. So, on top of the proper installation of the charger, please consider an "up to code" fire wall and interconnected smoke detectors.

[Bryce Nesbitt]

Quote from @Rob Harnden II:

The segment was about how the Colorado fire department has new equipment to deal with the specific problems with putting out EV fires.

Interesting.
Because the Colorado fire department also has equipment to deal with gasoline car fires.
Quite a bit of it.  Plus a separate crew to clean up the spilled fluids.  The main difference is that right now EV fires make the news, and are pesky to put out without that self same experience and special equipment (e.g. fire blankets).

Connecting smoke detectors in the garage is a great idea: the reason that garages have traditionally had only heat sensors, no smoke detectors, was automotive fumes.  New cars (from the factory) are clean enough that old rule seems rather obsolete.