Is it a tenant's right to charge an EV at their rental?

An Ottawa man feels it's his right to charge his car overnight at his apartment building since electricity is included in his rent, but his landlord disagrees.

Joel Mac Neil says he has been charging his electric vehicle (EV) at his apartment building, the Park West, with no issues for three years, until now.

"I should be allowed to do this and I don't have to hide," Joel Mac Neil said. "I have every right to do this and charge here."

On Oct. 7, he says the property owner saw the charger at his assigned parking spot and disabled the outlets in his row, saying they wouldn't pay for his drive to work.

Mac Neil counters that he asked his rental agent when he bought the car if he could charge at the building, and she gave him the green light.

He's been forced to make other arrangements to charge his vehicle, something he says is a violation of his tenants' rights.

Mac Neil thinks his situation is emblematic of a problem more Canadians will find themselves in, as Canada encourages its citizens to buy EVs. 

"Because they're the building owners, they think they can do whatever they want and kind of trample over the little guy and what little rights I do have as a renter," Mac Neil said.

The building's owner, Empire Holdings, and its property manager would not comment on Mac Neil's allegations.

Cost to charge

Mac Neil's story is familiar for Raymond Leury, president of the Electric Vehicle Council of Ottawa (EVCO), a non-profit which promotes and supports the use of EVs in the city. 

Many condo owners have approached EVCO because their attempts to charge their cars at home were blocked, Leury said, and EVCO has worked with their condo boards.

EVCO's rule of thumb is that driving an EV costs around $2 for every 100 kilometres, and the average Canadian drives 15,000 kilometres in a year. That makes the cost of electricity around $25 per month.

"What we typically recommend is to charge a flat fee to whoever wants to charge," Leury said. "That will compensate for the electricity that's being used."

Mac Neil said he tried that. He estimated the cost to charge his car, which he only drives to and from work, and offered $20 or $25 monthly on top of his rent, thinking it would be a happy solution for both sides.

Mac Neil said the landlord countered with $80 per month. That was more than Mac Neil feels he can comfortably pay.

"The reason I bought the car is because I'm trying to reduce my monthly spending," he said. "I'm not trying to throw an extra 50 bucks a month into a gas tank. Hence this investment, which was quite successful originally." 

But Mac Neil said he couldn't find a middle ground with the landlord. Instead, he's "MacGyvering" a patch-work solution.

He charges at the home of his friend's mother (which adds time to his commute), at nearby businesses (which usually have time limits), or at other nearby apartment buildings which agree to accommodate him. He doesn't rely on the city's chargers, he said, because they are more expensive.

Leury explained base costs are often higher at public chargers to recoup the cost of the infrastructure, and the providers are also allowed to raise prices during peak hours or in highly-trafficked locations.

"I'm trying to do everything I can to not sell the car [for a gas vehicle]," Mac Neil said. "One of my goals was to get an EV, either an EV or real estate, by the age of 30." 

Is EV charging a tenants' right?

Daniel Tucker-Simmons, an Ottawa lawyer with a decade of experience in tenants' rights law, said he didn't know of any legislation specifically governing EVs or EV charging in rental housing. 

He says tenants don't necessarily have the right to charge their EV, but they don't explicitly not have the right either. Landlords could write something specific about EVs into a lease, but many don't.

"The historic problem with contracts is you can't think of everything in advance, especially as technology develops," Tucker-Simmons said, comparing it to the invention of window air conditioners.

Tucker-Simmons said Mac Neil does have three factors in his favour if he applied to the Ontario Landlord and Tenant Board: electricity is included in the lease with no exemption for EVs, the rental agent told Mac Neil he could plug the car in and he has been charging the car at the building for three years already. 

Tucker-Simmons said Mac Neil could have a strong case but it would depend on the factors.

For example, a judge might take into account the fact that Mac Neil doesn't have the rental agent's approval in writing, or that he was given a tenant's manual after he signed the lease which says the parking spot outlets are for block heaters only. 

Mac Neil said he plans to apply to Ontario's Landlord and Tenant Board, but is nervous about those factors and is conscious of the long backlog he'll face before his case will be heard.

Tucker-Simmons said legislation isn't necessary to avoid a conflict, and the best antidote for wary renters is to be upfront with their landlord and get any agreement in writing. Even if a tenant doesn't own an EV when they sign a new lease, they can discuss it as a future possibility. 

But without explicit legislation, landlords in some circumstances would be within their rights to say no.

Ottawa Morning8:47Is it a tenant's right to charge an EV at their rental?

Joel Mac Neil feels it’s his right to charge his Nissan Leaf overnight at his apartment building, as he has done for three years. His landlord disagrees.