Lithium-Ion Battery Safety Addendum for Rental Properties

What Is a Lithium-Ion Battery Safety Addendum?

Lithium-ion battery-powered devices are increasingly common. E-scooters, e-bikes, and hoverboards are becoming more commonplace. Lithium-ion batteries can create fire and safety risks, and larger devices create an increased risk.

Some common lithium-ion-powered devices include:

• Electric bicycles (e-bikes)
• Electric scooters
• Electric skateboards
• Hoverboards and other self-balancing devices
• Mobility scooters and powered wheelchairs
• Smartphones and cell phones
• Tablets and e-readers
• Laptop and notebook computers
• Smartwatches and wearable electronics
• Remote-controlled vehicles, drones, and similar equipment

Lithium-ion batteries create fire and safety hazards when they’re damaged, used improperly, or not charged properly. The Lithium-Ion Battery Safety Addendum is a practical way for landlords to set clear safety expectations and make those requirements part of the terms of the lease agreement.

The Addendum sets requirements for charging, storing, maintaining, and disposing of lithium-ion batteries. It also provides clear safety instructions and guidance on what to do when a battery is damaged, on fire, or creating a safety hazard.

Landlords should use this Addendum to:

• Set clear rules for having lithium-ion battery-powered devices in a rental unit
• Ensure safe storage and charging practices
• Prohibit the use of damaged batteries
• Help tenants recognize signs of battery failure
• Provide guidance on what to do when a battery creates a hazardous situation
• Document the tenant’s acknowledgment of the battery-safety requirements

This form is designed to be attached as an addendum to a residential lease agreement. It is a general addendum and does not cover local or state laws. Landlords should review local and state laws and customize as needed to comply with applicable requirements.

Can Landlords Restrict E-Bikes, E-Scooters, and Mobility Devices?

Landlords should avoid blanket restrictions on e-bikes, e-scooters, and mobility devices, as this can create fair housing and reasonable accommodation issues. A much better strategy is allowing these devices but setting clear and reasonable safety rules. This is the purpose of the lithium-ion battery safety addendum, as it provides a way to reduce the risks associated with large lithium-ion-powered devices.

How Should Tenants Safely Charge Lithium-Ion Batteries?

Charging lithium-ion batteries presents heightened risks of fire and hazardous conditions. Because of this, landlords should provide guidance on how tenants should charge batteries on the property.

Here are some general charging rules to implement:

1. Only use a manufacturer-provided or manufacturer-approved charger.
2. Follow all manufacturer charging instructions.
3. Don’t leave devices unattended while charging.
4. Don’t charge devices overnight.
5. Plug the charger directly into an approved electrical outlet.
6. Don't charge near combustible materials.
7. Don’t charge in areas that block exits or walkways.

What Should a Tenant Do With a Damaged Lithium-Ion Battery?

If there are signs that a battery is failing or damaged, a tenant should:

1. Stop using the battery immediately.
2. If the battery presents an imminent threat, move away from the battery, call 9-1-1, warn anyone nearby, and don’t re-enter the area until authorized by emergency responders.
3. Do not try to repair or charge a damaged battery.
4. Dispose of the battery in accordance with an appropriate battery-recycling, hazardous-waste collection program or disposal method recommended by the manufacturer.

What Should a Tenant Do if a Lithium-Ion Battery Catches on Fire?

If a lithium-ion battery ignites, smokes, or burns, the tenant should:

• Evacuate the area immediately.
• Call 911.
• Warn nearby occupants.
• Stay out of the area until authorized by emergency responders.

Frequently Asked Questions About Lithium-Ion Battery Safety in Residential Rental Properties

Which Devices in Rental Properties Use Lithium-Ion Batteries?

Lithium-ion batteries are found in many electronic devices, including smartphones, tablets, power tools, e-scooters, e-bikes, hoverboards, and mobility devices. Larger devices, like e-scooters and e-bikes, create increased risk of fire, overheating, and igniting.

Why Do Lithium-Ion Batteries Create a Fire Concern for Landlords?

When lithium-ion batteries are damaged, defective, improperly stored, improperly charged, or poorly maintained, they can overheat, release heat, ignite, or cause nearby batteries to ignite. As a result, it’s vital for tenants to properly use, charge, and store lithium-ion batteries.

Can Tenants Charge an E-Bike or E-Scooter inside an Apartment or Rental Unit?

Tenants should charge e-bikes and e-scooters in a location recommended by the manufacturer and in compliance with the landlord’s charging rules. As a general rule, these devices should not be charged near combustible materials or in a place that blocks exits. If a property has a designated charging area, bikes and scooters should be charged in the designated area.

What Are the Warning Signs of a Damaged or Failing Lithium-Ion Battery?

Warning signs for battery failure include getting unusually hot, leaking, emitting an unusual odor, emitting smoke, leaking, producing sparks, swelling, or making popping sounds. A tenant should discontinue use of a battery any time there is a warning sign of failure.

Can Lithium-Ion Batteries Be Thrown Away?

No, lithium-ion batteries usually should not be placed in trash or recycling containers. Batteries should be disposed of in a battery-recycling or hazardous-waste collection facility. It’s best to consult the manufacturer’s guidelines to ensure safe disposal.

When Should Landlords Use the Lithium-Ion Battery Safety Addendum?

The Addendum is intended to be used as an addendum to a residential lease agreement. It’s particularly recommended in multi-unit buildings; in properties where e-bikes, e-scooters, or electric skateboards are common; in buildings with shared indoor spaces; or for units where there are increased fire safety concerns.