Cal. Civ. Code § 38-12-601

Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoParking & Storage

Operative Text

Cal. Civ. Code § 38-12-601
(1) 
Notwithstanding any provision in the lease to the contrary, and subject to
subsection (2) of this section:

(a) A
tenant may install, at the tenant's expense for the tenant's own use, a level 1
or level 2 electric vehicle charging system on or in:

(I) The
leased premises;

(II) An
assigned or deeded parking space that is part of or assigned to the leased
premises; or

(III) A
parking space that is accessible to both the tenant and other tenants;

(b) A
landlord shall not assess or charge a tenant any fee for the placement or use
of an electric vehicle charging system; except that:

(I) The
landlord may require reimbursement for the actual cost of electricity provided
by the landlord that was used by the charging system or, alternatively, may
charge a reasonable fee for access. If the charging system is part of a network
for which a network fee is charged, the landlord's reimbursement may include
the amount of the network fee. Nothing in this section requires a landlord to
impose upon a tenant any fee or charge other than the rental payments specified
in the lease.

(II) 
The landlord may require reimbursement for the cost of the installation of the
charging system, including any additions or upgrades to existing wiring
directly attributable to the requirements of the charging system, if the
landlord places or causes the electric vehicle charging system to be placed at
the request of the tenant; and

(III) 
If the tenant desires to place an electric vehicle charging system in an area
accessible to other tenants, the landlord may assess or charge the tenant a
reasonable fee to reserve a specific parking spot in which to install the
charging system.

(c) A
landlord shall not restrict parking based on a vehicle being a plug-in hybrid
vehicle or plug-in electric vehicle.

(2) A
landlord may require a tenant to comply with:

(a) 
Bona fide safety requirements, consistent with an applicable building code or
recognized safety standard, for the protection of persons and property;

(b) A
requirement that the charging system be registered with the landlord within
thirty days after installation; or

(c) 
Reasonable aesthetic provisions that govern the dimensions, placement, or
external appearance of an electric vehicle charging system.

(3) A
tenant may place an electric vehicle charging system in an area accessible to
other tenants if:

(a) The
charging system is in compliance with all applicable requirements adopted
pursuant to subsection (2) of this section; and

(b) The
tenant agrees in writing to:

(I) 
Comply with the landlord's design specifications for the installation of the
charging system;

(II) 
Engage the services of a duly licensed and registered electrical contractor
familiar with the installation and code requirements of an electric vehicle
charging system; and

(III)
(A) Provide, within fourteen days after receiving the landlord's consent for
the installation, a certificate of insurance naming the landlord as an
additional insured on the tenant's renters' insurance policy for any claim
related to the installation, maintenance, or use of the system or, at the
landlord's option, reimbursement to the landlord for the actual cost of any
increased insurance premium amount attributable to the system, notwithstanding
any provision to the contrary in the lease.

(B) A
certificate of insurance under sub-subparagraph (A) of this subparagraph (III)
must be provided within fourteen days after the tenant receives the landlord's
consent for the installation. Reimbursement for an increased insurance premium
amount under sub-subparagraph (A) of this subparagraph (III) must be provided
within fourteen days after the tenant receives the landlord's invoice for the
amount attributable to the system.

(4) If
the landlord consents to a tenant's installation of an electric vehicle
charging system on property accessible to other tenants, including a parking
space, carport, or garage stall, then, unless otherwise specified in a written
agreement with the landlord:

(a) The
tenant, and each successive tenant with exclusive rights to the area where the
charging system is installed, is responsible for any costs for damages to the
charging system and to any other property of the landlord or of another tenant
that arise or result from the installation, maintenance, repair, removal, or
replacement of the charging system;

(b) 
Each successive tenant with exclusive rights to the area where the charging
system is installed shall assume responsibility for the repair, maintenance,
removal, and replacement of the charging system until the system has been
removed;

(c) The
tenant and each successive tenant with exclusive rights to the area where the
system is installed shall at all times have and maintain an insurance policy
covering the obligations of the tenant under this subsection (4) and shall name
the landlord as an additional insured under the policy; and

(d) The
tenant and each successive tenant with exclusive rights to the area where the
system is installed is responsible for removing the system if reasonably
necessary or convenient for the repair, maintenance, or replacement of any
property of the landlord, whether or not leased to another tenant.

(5) A
charging system installed at the tenant's cost is property of the tenant. Upon
termination of the lease, if the charging system is removable, the tenant may
either remove it or sell it to the landlord or another tenant for an agreed
price. Nothing in this subsection (5) requires the landlord or another tenant
to purchase the charging system.

(6) As
used in this section:

(a) 
"Electric vehicle charging system" or "charging system"
means a device that is used to provide electricity to a plug-in electric
vehicle or plug-in hybrid vehicle, is designed to ensure that a safe connection
has been made between the electric grid and the vehicle, and is able to
communicate with the vehicle's control system so that electricity flows at an
appropriate voltage and current level. An electric vehicle charging system may
be wall-mounted or pedestal style and may provide multiple cords to connect
with electric vehicles. An electric vehicle charging system must be certified
by underwriters laboratories or an equivalent certification and must comply
with the current version of article 625 of the national electrical code.

(b) 
"Level 1" means a charging system that provides charging through a
one-hundred-twenty volt AC plug with a cord connector that meets the SAE
international J1772 standard or a successor standard.

(c) 
"Level 2" means a charging system that provides charging through a
two-hundred-eight to two-hundred-forty volt AC plug with a cord connector that
meets the SAE international J1772 standard or a successor standard.

(7) 
This section applies to residential rental properties and commercial rental
properties.
Source: Legislative text reproduced verbatim
Plain English

Colorado Revised Statute § 38-12-601 establishes that tenants have the right to install Level 1 or Level 2 electric vehicle (EV) charging systems at their own expense, regardless of contrary lease language, in their leased space or assigned parking areas. Landlords are generally prohibited from charging fees for the placement or use of such systems, though they may seek reimbursement for actual electricity costs, reasonable access fees, or installation costs when they arrange the installation at a tenant's request. The law also sets out conditions—such as safety compliance, insurance requirements, and registration—that landlords may lawfully impose, and it applies to both residential and commercial rental properties.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 38-12-601, compliant property owners and managers generally allow tenants to install qualifying EV charging systems without imposing blanket prohibitions or unauthorized fees, while still enforcing bona fide safety standards, aesthetic guidelines, and a registration requirement within thirty days of installation. Operators may recoup actual electricity costs or charge a reasonable access fee, and may require tenants installing systems in shared areas to provide proof of insurance naming the landlord as an additional insured within fourteen days of consent. Landlords who arrange installations at a tenant's request may also seek reimbursement for actual installation costs, including any necessary wiring upgrades.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-601 gives tenants the right to install a Level 1 or Level 2 EV charging system at their own expense in their leased space, assigned parking, or shared parking areas, even if a lease clause would otherwise prohibit it. Tenants installing systems in shared areas are generally expected to use a licensed electrical contractor, comply with the landlord's design specifications, and provide insurance documentation within fourteen days of receiving the landlord's consent. Tenants who believe a landlord is improperly restricting EV charging rights or assessing unauthorized fees may consider consulting a tenant-rights organization or seeking guidance from a local housing authority about available remedies under this section.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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Related Rules

§ 47a-13b
Installation of electric vehicle charging station by tenant.
§ 136
Motor vehicle storage
§ 1940.41

Source Information

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