With the cost of owning and operating a gas-powered vehicle now soaring, many of us have started using electric vehicles. Many cities, such as Hamilton, have introduced the community electric scooter program, similar to that of the existing shared bike program, to encourage sustainable transportation and accommodate those who do not rely on cars. A recent issue in Toronto shows a dispute between a landlord and tenant over the storage of electric vehicles on the property.A building in Toronto, operated by Oberon Development Corporation, banned electric vehicles from the premises. According to CBC, this included bicycles and motorcycles, hover boards, mopeds, Segways, and skateboard scooters. You may be wondering why a landlord would ban a tenant from storing a very basic and common item for many. The reason they give is that the lithium batteries are “potential fire hazards,” a legitimate concern.An interesting and important topic now must be brought up: is this ban a violation of a tenant’s rights? The short answer: maybe, but maybe not. It is important to note the very confusing fact that electric scooters are banned in the City of Toronto. According to the City of Toronto’s website, electric scooters are “not allowed to be operated, left, stored, or parked on any public street in Toronto.” The following infrastructure is to be electric bike-free: “roadway, bicycle lane, cycle track, multi-use trails or paths, sidewalks.” In other words, Toronto sees an issue with electric scooters that Hamilton doesn't.What about other types of electric vehicles then, given that the most popular one is banned by the city before it has been banned by the landlords? CBC says that the ban risks violating a tenant’s rights under the Ontario Human Rights Code. But is that true? What about the landlords’ rights and the rights and safety of the other tenants?Here is the problem; condo corporations can implement whatever rules they want. Remember the old myth going around that had people saying landlords cannot actually ban pets from their property and if they do you can sue them? That does not apply to condo corporations. If a building owner/developer wants to ban pets from their building, as draconian and petty as that may seem, they can do so. Similarly, it is argued that this rule can apply to the possession and storage of various items.Still, it is a grey area filled with debate. Should landlords have the authority to dictate a tenant’s lifestyle choices, which involve means of transportation? A lawyer for CBC states that “the use of electronic transportation devices or vehicles is certainly something that someone has the right to do.” He also said that it is especially upsetting given the reliance by many tenants on electric vehicles for survival, stating that “the landlord class aren’t people that have to work these types of jobs,” a comment that may seem a little unfair, but we understand the point. Another lawyer for CBC brings up a very important point when discussing legal issues. He states that lithium-ion batteries are used in many everyday items, making the ban on these devices an unreasonable limit. The National Research Council of Canada, according to CBC, stated that the number of fires from electric vehicles are in no way comparable to those of regular gas-powered cars, however, that may be "data manipulation" as the absolute numbers do not compare. It is possible that there is a goal-oriented approach going on in that analysis. As for lithium-ion risks in everyday products, airlines seem to share the concerns and restrict their inclusion in checked items. Concerns are real and shared by many.Sticking to the popular principle of reasonableness in law, the Residential Tenancies Act aims to protect tenants' right to "reasonable enjoyment" of their property. Many would argue that having a common, reasonable, and in many cases an essential object on the property is considered part of reasonable enjoyment, especially given that people would be unable to get to work without one.The Landlord and Tenant Board has stated that tenants who have some issue with their landlord can bring it up to the board. In the meantime, the answer to the question of banning items is still inconclusive. Whether your landlord can actually ban items has not yet been fully put to the test. The risk for fire, however small, is real. We know of many properties that ban barbecues on the balcony, and most people understand. Tenants should feel confident that their property and lifestyle will not be impeded, but landlords also have a right, which we argue is a responsibility and obligation, to ensure that they maintain a safe environment for all tenants.It is important for everyone, whether you think you are directly impacted or not, to pay attention to this issue. It is first about rights, not climate change. But whose rights? The tenant that owns the banned item? The other tenants that don't? The owner/landlord? The insurance companies that cover the property and tenants? And does this open the door to ban all sorts of things we are uncomfortable with? What about a motorcycle that makes noise? What about the property of a registered firearm owner? What about alcohol? A long list comes to mind.We believe very strongly in individual rights and defending personal freedoms. But rights come with responsibilities. And the closer you are living to others, the more those responsibilities must take others into consideration. Live in a cabin in the woods? Do what you want. Live in a detached home in suburbia, maybe take the "car on blocks" off of your front lawn. Live in a condo or purpose-built rental, much of it shared space, the answer may be different.There are deeper issues at play when it comes to banning the storage of electric vehicles in shared spaces. Such bans can have significant implications for how people use EVs and influence the adoption of environmentally friendly transportation options. They can affect accessibility, convenience, and the overall integration of electric vehicles into urban lifestyles. It's not just a matter of storage but also about promoting sustainable transportation and accommodating the needs of individuals who rely on these vehicles for their daily lives.&nbsp;We'd love to hear your thoughts and ideas on how to manage this.

Banning Electric Vehicles and Devices: How Much Power Do Landlords Have?

Banning EV storage impacts usage patterns, accessibility, urban EV integration, and raises broader environmental concerns in 2023

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