California Civil Code § 1947.6 gives certain tenants the right to request EV charging stations—but landlords generally are not required to pay for the installation.
Electric vehicles have become increasingly common throughout Newport Beach, Costa Mesa and coastal Orange County. As more tenants drive Teslas, Rivians, Lucids and other electric vehicles, landlords are increasingly receiving a seemingly simple request:
“Can you install an EV charger for me?”
For California landlords, however, the answer is more nuanced than a simple yes or no.
California law gives certain residential tenants the right to request installation of an electric vehicle charging station. But that does not necessarily mean the landlord has to purchase an EV charger or absorb the cost of installing one.
California Civil Code § 1947.6 establishes a detailed framework governing these requests—including when a landlord must approve them, when the law does not apply, who pays for installation and electricity, and what conditions a landlord may impose.
For rental property owners in Newport Beach, Costa Mesa and throughout Orange County, understanding that distinction is important before either approving or denying a tenant’s request.
Does a California Landlord Have to Allow a Tenant to Install an EV Charger?
In many cases, yes.
California Civil Code § 1947.6 provides that, for covered residential leases executed, extended or renewed on or after July 1, 2015, a landlord generally must approve a tenant’s written request to install an electric vehicle charging station at a parking space allotted to the tenant, provided the request satisfies the statute and the landlord’s procedural requirements for modifications to the property.
In other words, a landlord generally cannot simply respond:
“I don’t allow EV chargers at my rental properties.”
If the property and tenancy fall within Civil Code § 1947.6, the tenant may have a statutory right to proceed with an installation that satisfies the law.
That does not, however, mean the tenant can simply hire an electrician and begin drilling holes or modifying the property’s electrical system.
The statute creates requirements and protections for both sides.
Does the Landlord Have to Pay for the EV Charger?
This is perhaps the most important distinction for California rental property owners:
Generally, no.
The statute requires the tenant to agree to pay the costs associated with the installation and infrastructure.
Civil Code § 1947.6 specifically contemplates a written agreement requiring the tenant to pay the landlord all costs associated with the landlord’s installation of the charging station and its infrastructure before modifications or improvements are made.
Those costs may include:
- Permits;
- Construction;
- Electrical work;
- Supervision;
- Required infrastructure; and
- Certain performance bond costs, when applicable.
The tenant must also agree to pay costs associated with:
- Electricity used by the charger;
- Damage;
- Maintenance;
- Repair;
- Removal;
- Replacement of the charging station; and
- Related modifications or improvements to the property.
So, while a qualifying tenant may have the right to obtain an EV charging station, the law generally places the financial responsibility for the tenant-requested installation on the tenant—not the landlord.
That distinction can be particularly important with older Newport Beach and Costa Mesa properties where installing a Level 2 charger may involve considerably more than simply mounting a charger on a garage wall. Depending upon the property, installation could potentially require electrical upgrades, new wiring, trenching, permitting or other improvements.
Does Civil Code § 1947.6 Apply to Every California Rental Property?
No—and this is where many landlords and tenants overlook an important part of the statute.
Civil Code § 1947.6 contains several exceptions.
Among other circumstances, the statute does not apply where:
There are fewer than five parking spaces.
This is a particularly significant exception for many Orange County landlords.
A large number of rental properties in Newport Beach and Costa Mesa are single-family residences, duplexes and other smaller properties. If the rental property has fewer than five parking spaces, the requirements of Civil Code § 1947.6 do not apply.
The statute also does not apply where:
- Parking is not provided as part of the lease agreement;
- EV charging stations already exist for tenants at a ratio equal to or greater than 10% of the designated parking spaces; or
- Certain specific rent-control circumstances apply.
The rent-control provisions have changed over time, however. For leases executed, extended or renewed on or after January 1, 2019, the statute’s general rent-control exemption does not apply in the same manner. Property owners should therefore be cautious about relying upon rent control alone as a basis for denying a request.
What About a Tenant Renting a Single-Family Home?
This is where the fewer-than-five-parking-spaces exception can become particularly important.
Consider a tenant renting a single-family home in Newport Beach or Costa Mesa with a two-car garage and driveway.
The tenant purchases an electric vehicle and asks:
“Can you install a Level 2 charger in the garage?”
The landlord should first distinguish between two separate questions:
Is the landlord required to personally provide and pay for a charger?
Generally, Civil Code § 1947.6 does not impose that obligation.
Is the landlord required under § 1947.6 to approve the tenant’s request to install one?
If the property has fewer than five parking spaces, § 1947.6’s mandatory approval requirement does not apply.
That doesn’t necessarily mean rejecting the request is the best business decision. An EV charger can be a desirable improvement to an Orange County rental property, particularly as electric vehicles become increasingly common.
But it does mean the landlord may have substantially more discretion than an owner of a larger multifamily property covered by the statute.
What Can a Landlord Require Before Approving Installation?
Even where § 1947.6 applies, a tenant does not have an unrestricted right to alter the property.
The tenant’s written request must include consent to enter into a written agreement addressing the installation.
Among other things, a landlord can require compliance with requirements concerning:
Installation, use, maintenance and removal.
The agreement can establish how the charger and related infrastructure will be installed, operated, maintained and eventually removed.
A financial analysis and scope of work.
The landlord can require complete information regarding the proposed work and its costs.
Plans for the modification.
The tenant must provide information explaining how, when and where the proposed improvements will be performed.
Payment of installation costs.
The tenant can be required to pay the landlord’s costs associated with the installation before modifications to the property begin.
Electricity and continuing expenses.
The tenant can be responsible for electricity as well as damage, maintenance, repair, removal and replacement costs associated with the charger.
This is why landlords should generally avoid responding to an EV charger request with an informal text saying simply, “Sure, go ahead.”
The details matter.
Can a Landlord Require the Work to Be Permitted?
The installation must comply with applicable federal, state and local laws, zoning requirements, land-use requirements and applicable covenants, conditions and restrictions.
That can include local permitting requirements.
For example, the City of Costa Mesa specifically maintains permitting categories for residential EV charger installations, including processes for installations performed by licensed contractors. Newport Beach similarly regulates electric vehicle charging station installations through its building and electrical codes.
Accordingly, a landlord should generally make sure that any required permits and inspections are properly addressed before allowing modifications to the property’s electrical system.
Does the Tenant Need Insurance?
Potentially—but there is an important exception.
Civil Code § 1947.6 provides for personal liability coverage covering property damage and personal injury caused by the installation or operation of the charging station. The permitted coverage requirement cannot exceed 10 times the annual rent for the dwelling.
However, the statute provides that this insurance is not required when both:
- The charging station has been certified by a Nationally Recognized Testing Laboratory approved by OSHA; and
- The charging station and associated alterations to the dwelling’s electrical system are performed by a licensed electrician.
This makes the selection of the equipment and contractor particularly important when structuring an EV charger installation.
Can the Landlord Charge for a Parking Space?
In certain circumstances, yes.
The landlord is not required to provide an additional parking space simply to accommodate an EV charger.
And if installing the charging station effectively results in the tenant receiving a reserved parking space, Civil Code § 1947.6 permits the landlord to charge a monthly rental amount for that parking space.
What If the Property Is in an HOA?
Another layer may apply.
Civil Code § 1947.6 expressly requires the installation and modifications to comply with applicable covenants, conditions and restrictions.
That can be especially relevant for condominiums and planned communities throughout Newport Beach and coastal Orange County.
A landlord should therefore review the applicable HOA documents and approval procedures before authorizing a tenant to perform work involving common-area electrical infrastructure, parking areas, exterior walls or other portions of the development.
Separate California statutes also govern EV charging stations within common-interest developments, so an HOA property can require additional analysis beyond the landlord-tenant statute alone.
Should a Landlord Just Install the Charger Instead?
Sometimes that may make sense.
There is an important difference between what a landlord is legally required to do and what may make sense from a real estate investment perspective.
For a Newport Beach or Costa Mesa rental property that is likely to attract tenants with electric vehicles, an appropriately installed EV charger may increase marketability and become a useful long-term property improvement.
Instead of permitting a tenant to install equipment that may later be removed, an owner might decide that it makes more sense to control the installation, select the equipment and retain the charger as an improvement to the property.
But that should be an intentional business decision—not something a landlord assumes California law automatically requires.
A Practical Example
Suppose a tenant in a Costa Mesa rental asks the landlord to install a Level 2 charger.
Before responding, the landlord should determine:
- How many parking spaces does the property have?
- Is parking included in the lease?
- Does § 1947.6 apply to the property and tenancy?
- Where will the charger be installed?
- Does the existing electrical panel have adequate capacity?
- Will a panel upgrade or other infrastructure be required?
- What permits are required?
- Who will perform the work?
- Who will own the charger?
- Who will pay for installation, electricity, maintenance and repairs?
- What happens to the charger when the tenancy ends?
- Is HOA approval required?
A request that initially sounds as simple as “Can I plug my car in?” can therefore raise issues involving the lease, property improvements, electrical infrastructure, permitting, insurance, liability and future ownership of the equipment.
The Bigger Issue for Orange County Landlords
EV charging is a good example of why California property management increasingly requires more than simply collecting rent and coordinating repairs.
A landlord may hear that “California requires EV chargers” and unnecessarily agree to pay thousands of dollars for an installation.
Another landlord may assume, “It’s my property, so I can simply say no,” and potentially violate a tenant’s statutory rights.
Neither approach adequately addresses the law.
The correct answer depends upon the property, the parking arrangement, the lease and the proposed installation.
Sources & Additional Reading
- California Civil Code § 1947.6 – Residential Electric Vehicle Charging Stations – Official California statutory requirements governing a tenant’s request to install an electric vehicle charging station at a residential rental property.
- California Governor’s Office of Business and Economic Development (GO-Biz) – Installing EV Charging Stations on Rental Properties – State guidance regarding AB 2565, Civil Code § 1947.6, tenant installation rights, landlord obligations, costs, and statutory exemptions.
- City of Costa Mesa – Building Permits and Residential EV Charger Permitting – Official City of Costa Mesa information regarding electrical permits and residential EV charger installations.
- City of Newport Beach – Building Codes and Electric Vehicle Charging Stations – Official City of Newport Beach building code information, including Chapter 15.19 governing electric vehicle charging stations.
Real Estate Management With a Legal Perspective
At Lucas Real Estate Group, our approach to property management and leasing goes beyond traditional real estate services.
Led by Devin R. Lucas, a California real estate attorney, real estate broker and REALTOR® with more than 20 years of experience, our team helps Newport Beach, Costa Mesa and Orange County property owners evaluate not only the practical aspects of managing rental property, but also the legal and financial issues that accompany those decisions.
Whether the question involves an EV charger, security deposit, lease modification, tenant improvement, early termination, rent increase or another landlord-tenant issue, seemingly small decisions can have significant legal and financial consequences.
Our goal is to help property owners make informed decisions while protecting both the property and the long-term investment.
Have a rental property in Newport Beach, Costa Mesa or elsewhere in Orange County? Contact Lucas Real Estate Group to discuss how our combination of real estate, property management, legal and tax experience can help protect and maximize your investment.
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