Cal. Civ. Code § 1940.41

California Civil Code

In Force
Verified 6/11/2026 · Next check 7/11/2026
effective 1/1/2024CaliforniaParking & Storage

Operative Text

Cal. Civ. Code § 1940.41
(a) For purposes of this section:
(1) “Personal micromobility device” means a device with both of the following characteristics:
(A) It is powered by the physical exertion of the rider or an electric motor.
(B) It is designed to transport one individual or one adult accompanied by up to three minors.
(2) “Secure, long-term storage” means a location with all of the following characteristics:
(A) Access is limited to residents of
the same housing complex.
(B) It is located on the premises.
(C) It is reasonably protected against precipitation.
(D) It has a minimum of one standard electrical connection for each personal micromobility device that will be stored and recharged in that location.
(E) Tenants are not charged for its use.
(b) A landlord shall not prohibit a tenant from either of the following:
(1) Owning personal micromobility devices.
(2) (A) Storing and recharging up to one personal micromobility device in their dwelling unit for each person occupying the unit if the personal micromobility device meets one of the following:
(i) Is not powered by an electric motor.
(ii) Complies with the following safety standards:
(I) For e-bikes, UL 2849, the Standard for Electrical Systems for E-bikes, as recognized by the United States Consumer Product Safety Commission, or EN 15194, the European Standard for electrically powered assisted cycles (EPAC Bicycles).
(II) For e-scooters, UL 2272, the Standard for Electrical Systems for Personal E-Mobility Devices, as recognized by the United States Consumer Product Safety Commission, or EN 17128, the European Standard for personal light electric vehicles (PLEV).
(iii) Is insured by the tenant under an insurance policy covering storage of the device within the tenant’s dwelling unit. The owner may prohibit the tenant from charging a device in the unit if the device does not meet the standards in subclauses (I) and (II) of clause (ii).
(B) Subparagraph (A) does not apply if the landlord provides the tenant secure, long-term storage for the tenant’s personal micromobility devices.
(C) Subparagraphs (A) and (B) do not apply to circumstances in which an occupant of the unit requires the use of a personal micromobility device as an accommodation for a disability.
(c) This section does not require a landlord to modify or approve a tenant’s request to modify a rental dwelling unit for the purpose of storing a micromobility device inside of the dwelling unit.
(d) This section does not prohibit a landlord from doing any of the following:
(1) (A) Prohibiting repair or maintenance on batteries and motors of personal micromobility devices within a dwelling unit.
(B) Subparagraph (A) does not prohibit a tenant from changing a flat tire or adjusting the brakes on a personal micromobility device within the unit.
(2) Requiring a tenant to store a personal micromobility device in compliance with applicable fire code.
(3) Requiring a tenant to store a personal micromobility device in compliance with the
Office of State Fire Marshal Information Bulletin 23-003 regarding lithium-ion battery safety, issued April 3, 2023, or any updated guidance issued by the Office of the State Fire Marshal regarding lithium-ion battery safety, if such bulletin or guidance is provided to the tenant by the landlord.
(e) This section does not limit the rights and remedies available to disabled persons under federal or state law.
Source: Legislative text reproduced verbatim
Plain English

California Civil Code § 1940.41 limits a landlord's ability to ban personal micromobility devices—such as bicycles, e-bikes, and e-scooters—from rental housing. Tenants generally may keep and charge up to one qualifying device per occupant inside their unit, provided the device is non-motorized, meets specified safety standards, or is covered by an insurance policy. These in-unit storage rights do not apply when the landlord instead offers qualifying 'secure, long-term storage' on the premises at no charge to tenants, though disability-related accommodations are treated separately.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 4, 2026

Plain English — not legal advice.

For Property Managers

Under Cal. Civ. Code § 1940.41, compliant operators generally avoid blanket bans on tenants owning or storing personal micromobility devices, and instead focus restrictions on specific safety concerns. Landlords who provide qualifying secure, long-term storage—resident-only access, on-site, weather-protected, with one electrical outlet per device, and free to tenants—may redirect in-unit storage requests to that facility. Operators may still enforce fire-code compliance, prohibit battery or motor repairs inside units, and distribute the State Fire Marshal's lithium-ion battery safety guidance (Bulletin 23-003) to tenants as a condition of storage.

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

For Tenants

Cal. Civ. Code § 1940.41 gives tenants the right to own personal micromobility devices and, in most cases, to store and charge qualifying devices inside their unit—up to one per occupant. If a landlord attempts to prohibit storage outright without offering compliant secure, long-term storage as an alternative, that restriction may conflict with this provision, and tenants can raise the violation as a defense or contact a local tenant-rights organization for guidance. Tenants who need a micromobility device as a disability accommodation have additional protections that this section expressly preserves.

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

Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 2024
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References Out

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References In

Rules and statutes that cite this regulation

Cal. Civ. Code § 827
Cal. Civ. Code § 1947.13
Cal. Civ. Code § 1954.50

Related Rules

§ 60
Motor vehicle storage
§ 136
Motor vehicle storage
§ 7.2
Parking permit restriction notification

Source Information