SB 868 binds utilities, not landlords. Your lease still controls. [2] As of early October 2026, we could not confirm that any complete plug-in solar kit is certified and on sale in California. [4] [5] You can say no today. We hope you will consider a “yes, with conditions,” and the draft addendum below is our attempt at conditions that are fair to both sides.
The law
SB 868 is a California law signed on September 30, 2026. It takes effect January 1, 2027. [1] [3]
What it does. It lets a household plug a small certified solar device into a wall outlet without asking the utility for approval, paying the utility a fee, or buying extra equipment. The device must make no more than 1,200 watts for the home, plug in and out of an outlet, be meant to cover the household’s own use, meet the electrical code, be certified as a plug-in solar system by UL or an equivalent lab, and have a certified feature that keeps it from sending power to the grid in an outage. [2]
What it leaves out. The law binds the utility. It never mentions landlords, tenants, leases or homeowners associations. [2] Nobody has tested in court whether older California solar laws reach a residential lease, so we do not assume they do. The utility exemption ends January 1, 2030 unless lawmakers extend it. [2] The text is on the California Legislature’s site.
The straight answer: what residents will ask, and when
Not yet, but soon. Requests are unlikely to be practical until a certified kit is on sale. The bill’s sponsor says two large manufacturers expect to have a certified product by the end of 2026. [4] KQED reported an estimate that compatible kits could arrive by spring 2027. [12] Residents are already reading about it, so questions may come first.
A resident’s request will probably ask for four things:
- Your written permission to use one small plug-in device on their balcony or patio.
- A clear answer, in writing, by a date.
- Your answer on conditions: placement, insurance, and removal at move-out.
- A promise that you will not charge a fee for it.
You may say no today. If you are open to yes, the best thing you can do is decide your terms before the first request arrives, so every resident gets the same answer.
How to do it right: the draft addendum
A short written addendum protects you and the resident. Residents may bring it with their request. Below is the standard we are proposing, term by term, with the reason for each. It is a draft for discussion. Have your own attorney review it before you use it.
| Term | What the draft says | Why it is there |
|---|---|---|
| 1. The device | One plug-in solar device that meets SB 868’s definition, identified by make and model. A battery is a separate request with its own certification. | Ties the deal to the State’s own safety standard. A named model is easy to check. [2] [30] |
| 2. Notice | The tenant gives written notice about 10 days before setup. You may object in writing only for a specific safety reason tied to the unit. If you do not answer in that time, the request is approved. | Gives you a say and a clear clock. Virginia uses seven days and Vermont uses ten. [28] [29] |
| 3. Location | Entirely inside the tenant’s own balcony or patio. Nothing on common areas or roofs, or over a walkway. Nothing on the outside face of a railing unless you agree. | Protects your common property. A federal rule on satellite dishes also draws the line at a renter’s exclusive-use area. [31] |
| 4. Mounting | No drilling. A free-standing weighted frame, or the maker’s clamps or ties, plus a backup tether on every panel, within the maker’s weight limit. | Keeps the building intact and the panels from falling. [7] |
| 5. Fire access | Keep about a meter of railing clear. Do not block a door, window or escape path. | An example taken from a German fire-service recommendation for balconies that firefighters reach by ladder. [14] It is not a California rule. Confirm what your local fire code and fire department require, and use that instead. |
| 6. Electrical | Plug straight into an outlet that serves the tenant’s home. No extension cords or power strips. One device per home. Stop using it and tell you if a breaker trips again and again or the outlet feels warm. Any wiring work is done by a licensed electrician, with your written consent, at the tenant’s cost. | Follows German consumer-safety guidance on power strips and one device per home, and keeps wiring decisions with you. [13] |
| 7. Insurance | The tenant keeps an ordinary renters policy with liability coverage of at least $100,000, or whatever the lease already requires (we suggest never more than ten times a year’s rent, as in the electric-car-charger rule), and gives you a certificate. | The State capped the same kind of requirement for electric-car chargers. [17] [18] |
| 8. Damage and removal | The tenant pays for damage from installation, use or removal, takes the device down before moving out, and restores the spot except for normal wear. Photos before and after. | Virginia’s law makes the tenant responsible for damage. [28] |
| 9. Limit on liability | The tenant covers third-party claims caused by the tenant’s own negligent installation, upkeep or use. That does not cover your negligence or building defects. | A fair trade: you are protected from the tenant’s mistakes, and not asked to be protected from your own. |
| 10. Access | You may ask the tenant to take panels down temporarily, with reasonable written notice, for inspections, repairs or painting. | Lets you do inspections and maintenance. State law already allows entry on written notice, usually at least 24 hours. [32] |
| 11. Ownership | The device is the tenant’s personal property. It is not a fixture or an alteration. You have no lien or ownership claim. | Settles the move-out question in advance. [19] [20] |
| 12. Savings and money | The savings and bill credits belong to the tenant. No fee, charge, deposit or rent change is tied to the device. | The deposit cap applies however a charge is labeled. [8] We oppose fees for the device. |
| 13. Outlets and wiring | Any outlet or wiring you approve for the device becomes part of the building and is yours. The tenant does not have to remove it. | Wiring in the walls stays with the building. The kit that plugs into it stays with the tenant. |
| 14. Grace period | If the device is still there when the tenant hands back the keys, the tenant may collect it within 15 days, by arrangement. You will not dispose of it in that time. | Lets a tenant fix an honest mistake. See Moving out below. |
| 15. Left behind | After the grace period, California’s process for property left behind applies. You may also deduct reasonable restoration costs as the law allows. | Gives you a clear, lawful remedy. [22] |
| 16. Sale or transfer | The tenant may sell or give the device to the next tenant or to you, by a separate written agreement only. You may offer to buy it. The tenant is never required to sell. | Keeps any transfer voluntary. |
| 17. Master-metered buildings | If the unit is not separately metered, you credit the tenant each month for the device’s measured production at the utility’s residential rate, and you do not use the device to raise any utility charge. | Otherwise the savings go to you by default. [23] |
| 18. No retaliation, and renewal | The request and the installation are not grounds for non-renewal or a rent increase. The addendum carries over when the lease renews. | Tenants who ask need to know the answer will not be held against them. This is a promise in the addendum. We do not know whether state retaliation law covers a solar request. [33] |
| 19. Compliance | The tenant registers with the utility if required, gets any permit the City requires, and follows the electrical and building codes and the equipment’s listing and installation instructions. Nothing in this addendum waives any of them. | SB 868 lets the utility ask for a simple registration. [2] It lifts utility requirements only. The City’s current solar permit bulletin says an electrical permit is required to install photovoltaic systems. [49] |
| 20. Cost cap | The tenant’s total cost to comply with your conditions is capped at an agreed amount. | In Germany, “yes, with conditions” sometimes turned into a no because the conditions cost more than the kit. [25] |
| 21. Priority | This addendum controls over any conflicting lease term. | Avoids a fight over an old “no alterations” clause. |
What the addendum leaves out on purpose. We think a fair addendum does not contain: any monthly fee, “sun fee,” amenity fee or electricity surcharge for the device; a deposit that takes total security over the legal cap; any claim by the owner on the tenant’s savings; unlimited indemnity, a duty to defend, or a waiver of the owner’s own negligence; a $1 million policy or additional-insured status on the tenant’s personal policy; engineer’s studies, wind-load calculations or professional installation that the owner demands on top of what the City, the codes and the equipment’s own listing already require; a right to cancel at will or to remove the device without notice; a clause that makes the device a fixture or gives the owner a lien; or a waiver of any right the tenant may get in the future.
What no addendum can leave out. A tenant and an owner cannot agree their way around the law. If the City of San Diego requires a permit, if the electrical or building code applies, or if the product’s certification says how it must be installed or who must install it, those requirements stand whatever the addendum says. The City’s current solar permit bulletin says an electrical permit is required to install photovoltaic systems. It does not mention plug-in devices or SB 868. [49] SB 868 lifts utility requirements only. [2] Whether a plug-in kit that changes no wiring needs a City permit is not settled, and we have seen no written City guidance on it. So the absence of wiring work does not prove that no permit or qualified installer is needed. Ask the City before setup. The list above is about extra demands a landlord adds. It is not a statement that any legal requirement can be skipped.
Money: what you may require, and what crosses the line
Reasonable to require:
- Written notice before setup, and a named, certified device.
- Proof of an ordinary renters liability policy.
- The tenant’s responsibility for damage, and removal and restoration at move-out.
- Placement inside the tenant’s own balcony or patio, with a safe mounting method.
- Any wiring work done by a licensed electrician, with your written consent, at the tenant’s cost.
Likely to cross the line:
- An extra deposit. California caps security deposits at one month’s rent in most cases, however the charge is labeled. [8]
- A monthly fee for the device. In buildings covered by California’s rent cap, we think a recurring charge could count as rent, which is limited. No court has decided. [9] We oppose any fee for the device.
- A share of the savings. The tenant who buys the kit should keep what it saves.
- Open-ended insurance or indemnity, such as a $1 million policy or additional-insured status. [17] [18]
- Extra studies or installation demands of your own that cost more than the kit, beyond what the City, the codes and the equipment’s listing require. A permit or an installer that the City or the listing requires is a different matter: neither you nor the tenant can waive it.
In a master-metered building, state law limits what you can charge residents for electricity you resell. [23]
Is your building a fit?
Questions to answer once, for the whole building, before the first request:
- Metering. Does each unit have its own utility account, or is there one master meter, or a mix? California has required separate meters for apartments permitted since July 1, 1982, with some exceptions, so master meters are more likely in older buildings. [40] See Special cases below.
- The outlet. Is the balcony outlet on the unit’s own panel, or on a house circuit? Is the wiring old?
- Balconies. Which are private to one unit, and which are shared walkways? Only private areas should be in scope.
- Railings. Metal rails can take clamps. Spindle (picket) rails can take straps woven through them. Glass rails need a weighted floor stand, because nothing should hang over the edge. [41] No one has counted San Diego railings by type, so you will have to look at your own buildings.
- Balcony inspections. California’s balcony law, SB 721, already has owners of buildings with three or more units inspecting balconies and railings every six years. [42] In our view, a kit that stands on the floor and clamps to nothing gives you less to worry about at inspection time.
- Placement and looks. Pick one standard for every unit, for example below the railing line, with tidy cables. A clear rule is easier to enforce than case-by-case taste.
- Structure. Ask for the maker’s weight and wind ratings and a backup tether. A heavy or outboard railing mount is a fair concern. For a small free-standing kit inside the balcony, we think asking for an engineer’s report goes too far, unless the City or the equipment’s listing calls for one.
Equipment and certification
As of October 4, 2026, we could not confirm any complete plug-in solar kit certified and on sale in California. Two microinverters were reported certified in July 2026, and no whole kit was. [5] Bright Saver, a U.S. nonprofit, says its kits do not yet have whole-system certification and do not ship to California. [6] Trade reports say Mango Power’s four-panel kit was certified to UL 3700 by Intertek. [11] We have not seen the certificate, and the company’s product page lists other certifications but not UL 3700, so we treat it as unconfirmed.
What the certification should cover. The law asks for certification “as a plug-in photovoltaic system” by UL or an equivalent testing lab. [2] A certified part is not the same as a certified system. Whether a certified inverter with uncertified panels counts is not settled.
How to check a resident’s paperwork. Ask for the certificate: the lab, the file number, the list of models, and whether it covers the whole kit or only the inverter. If it does not match the product the resident is buying, wait.
An open legal question. The law also requires that a device meet the electrical code. UL has said the 2026 National Electrical Code does not recognize plug-in solar modules. [34] That means a careful reader can argue that no device qualifies yet. We do not know how this will be resolved, and we are not claiming how it comes out.
Safety
Plug-in solar can be safe when the equipment is certified and used the right way. The record so far, with its limits:
- German fire chiefs said in 2024 that they knew of no fire safety problems from these systems. [14] Germany has well over a million registered systems. [10]
- The problems that have been reported are add-on battery fires, panels not held on securely, and old wiring. A battery fire in a German home in March 2025 is one example. [15]
- The German record does not carry over perfectly. German outlets and voltage differ from ours.
- Some certified kits may need a special outlet. A Bright Saver co-founder told the Union-Tribune that Californians “will need an electrician” to meet the certification terms. [4] The standard itself is sold, not published, so we have not been able to read the exact rule.
- Electrical safety concerns were raised while the bill was reviewed. [35] We have not found a California fire-code section written for balcony plug-in solar. If your insurer or fire marshal has guidance, we would like to hear it.
Our draft addendum asks for certified gear only, a straight plug into a wall outlet, no power strips, a backup tether, clear escape routes, and no battery unless separately certified and approved.
Insurance
What to ask of a resident. Proof of an ordinary renters policy with liability coverage. We suggest $100,000 to $300,000, and a certificate that lists you as an additional interest.
What goes too far. A $1 million policy, or additional-insured status on the resident’s personal policy. California’s tenant electric-car-charger law began with a $1 million requirement, and lawmakers cut it in 2019 to no more than ten times a year’s rent. [17] [18] A San Diego renters policy averages about $189 a year. [16]
Your own policy. We found no insurer statement or underwriting guidance on plug-in solar. Ask your own insurer, in writing, before you say yes.
Moving out
Ownership. A kit a tenant buys, plugs into an existing outlet, and holds with clamps or weight, rather than wiring it in, very likely stays the tenant’s property. No California court has ruled on plug-in solar, so we say “very likely.” State law gives things attached to a building to the owner unless there is an agreement that lets the tenant remove them, and it lets a tenant remove things attached for home use if removal does no harm. [19] [20] A signed addendum is the agreement.
Removal. The tenant takes the device down before handing back the keys and restores the spot except for normal wear. State law lets a tenant remove attached items during the tenancy, and a California Supreme Court case shows the risk of waiting until after it ends, which is why the draft adds a short grace period. [20] [21]
Outlets and wiring. Anything you approved and paid for stays with the building. Do not charge the tenant for leaving it.
If a kit is left behind. Do not simply keep or throw it away. California has a set process for property a former tenant leaves: written notice, time for the tenant to claim it, and different steps depending on its value. [22] Ask your own attorney how it applies.
Special cases: master meters and owner-provided kits
Master-metered and ratio-billed buildings. If you are the utility’s customer, the savings go to you by default. A tenant who buys a kit should not be paying to lower your bill. SB 868 speaks of the utility’s “customer,” so it is unclear whether a tenant in your building can register a device or has the 1,200-watt allowance. [2] Fair options are a fixed monthly credit based on the device’s rated output, a building-wide program, or a kit you buy and provide. State law limits what you can charge residents for resold electricity. [23]
Owner-provided kits. Some owners buy the kits themselves. To keep that from becoming a rent increase, we suggest: no change in rent or fees tied to the kit; the resident’s bill credit, not the owner, captures what the kit makes; in master-metered units, a written monthly credit based on measured production; the owner pays for upkeep and removal; and the resident may decline without penalty. For units covered by California’s rent cap, any added charge risks counting as rent. [9]
A cooperative in Erfurt, Germany, owns 40 kits on one block, and the residents get all of the power. [36] It was possible because the state paid for much of it. [37]
What is in it for you
- No capital cost. The resident buys the kit.
- A leasing and retention point, maybe. It may matter to some residents. Our renter survey asks whether it would. We have no evidence yet.
- Fewer improvised installs. A clear policy now beats a balcony full of unapproved gear later.
- Control. You set placement and insurance rules for the whole building before residents improvise.
- Less risk of a dispute if the State or the City later passes a renter-rights rule.
We found no evidence that tenant plug-in solar raises rents, occupancy, property value, or any sustainability score, or that it earns an owner a rebate. We make no promise about any of them.
Here at home and elsewhere
Here at home
Who owns San Diego rentals. Ownership is spread out. Nationally, about 46 percent of rental units are in properties of one to four units. About 70 percent of those small properties are owned by individuals, and only about 22 percent are managed professionally. [43] Locally, the Census counts about 113,000 City renter households in houses or buildings of two to four units (our addition of two Census counts), about 40 percent of City renters. [44] The largest apartment owner we could find a count for held about 5,800 units in a 2021 deal, roughly 1 percent of the county’s renter homes. [45] So many of these requests will land with small landlords, not big companies.
What local owners already do with solar. Some San Diego owners already put solar on their own buildings. H.G. Fenton Company’s Aquatera apartments (254 homes) have an 821 kW system, and in 2015 the company said residents could cut their energy costs, even to zero. [46] Community HousingWorks, a nonprofit, finished SOLARA in Poway in 2007 and calls it the first apartment community in California powered entirely by the sun. [47] Affordable-housing developers such as Affirmed Housing list solar at some of their communities. [48] These are owner-run systems, not tenant plug-in kits. We found no landlord in the U.S. that has announced a tenant plug-in policy. Naming a company here is not an endorsement, and it does not mean the company supports this project.
Germany and other places
How German landlords came around. Since October 2024, German tenants can ask for permission, and the landlord must agree unless it cannot reasonably be expected. [24] Vonovia, Germany’s largest landlord, first asked one tenant for wind-load calculations and structural proofs. After a lawsuit backed by an environmental group, it agreed. [27] A Hamburg court said in December 2025 that general worries about fire and liability are not enough. [26]
The German landlord association’s own guidance says a landlord may ask for prior consent, removal at the end of the lease, and a reasonableness test for the request. [24] Any deposit would be subject to California’s deposit cap, so take care there.
Landlord-owned programs. Freiburger Stadtbau gave kits to 30 low-income households at no cost. [38] Berlin’s state housing companies were cautious: one had no approved kits and no plans to add them, and another was reviewing two tenant applications. [39] A German housing association told a reporter that its funded projects were “an exception.” [37]
Help
For advice on your own leases, talk to your own attorney. Your trade association may also be advising members: the California Apartment Association and the Southern California Rental Housing Association. They are not partners of this project, and they have not endorsed it. See Who is involved.
To reach the project, email hello@sdpluginsolar.com. This site is not a law firm and cannot give legal advice.
Take part
A few minutes. Nothing is for sale. The last question asks whether you would look at a draft addendum or consider a small pilot at one property. We never share your name or answers with a tenant or a company without your permission.
Take the owner and manager survey
Sources
Last reviewed October 4, 2026. Statute text was read through public mirrors of the California code and should be checked against the official site before anyone quotes it. Items we could not verify are left out. News and vendor pages show what was reported or claimed, not independent testing.
- California Legislature: SB 868
- LegiScan: SB 868 chaptered text
- pv magazine USA: Newsom signs California plug-in solar bill (October 1, 2026)
- San Diego Union-Tribune, via now.solar: A balcony solar bill in California is now law. When can you plug in? (October 2, 2026)
- Environment America: first national safety certification statement
- Bright Saver: kits and certification limits
- Bright Saver: how to get your landlord to approve plug-in solar
- California Civil Code section 1950.5: security deposits
- California Civil Code section 1947.12: rent cap
- Strom-Report: balcony power plant statistics (German)
- pv magazine USA: plug-in solar roundup (September 21, 2026)
- KQED: California lawmakers greenlight solar panels you can plug into the wall
- Verbraucherzentrale: plug-in solar guidance (German)
- balkon.solar: balcony solar, ladders, escape routes and fire departments (German)
- pv magazine Deutschland: battery storage unit starts a house fire (March 2025, German)
- Insurance Geek: California renters insurance costs
- California Civil Code section 1947.6: tenant electric vehicle chargers
- SB 638 (2019): changes to the electric vehicle charger insurance rule
- California Civil Code section 1019: tenant removal of attached items
- California Civil Code sections 1013 to 1019: items attached to land (Justia)
- Rinaldi v. Goller (1957) 48 Cal.2d 276
- California Civil Code sections 1980 to 1991: property left behind by a former tenant (starts at section 1980)
- California Public Utilities Code section 739.5: electricity resold by landlords
- Haus & Grund (German landlord association): plug-in solar guidance, March 2025 (German)
- TÜV SÜD: balcony power plants and fire protection (German)
- RA Kotz: Hamburg-Wandsbek ruling on specific dangers (German)
- Deutsche Umwelthilfe: Vonovia allows balcony power plant after legal action (German)
- Virginia Code section 55.1-1212.1
- Vermont Act 149 (as enacted)
- Haufe Vermieterbrief, April 2026: model landlord consent naming a specific model (German)
- 47 C.F.R. 1.4000: federal rule on antennas, including rental balconies
- California Civil Code section 1954: landlord entry
- California Civil Code section 1942.5: retaliation
- UL Code Authority: coordination between model codes and standards
- California Senate Energy, Utilities and Communications Committee: SB 868 analysis
- Wohnungsbau-Genossenschaft Erfurt: first results of our balcony power plants (German)
- Klimareporter: when the landlord installs the balcony power plant (German)
- Energiezukunft: how court rulings strengthen tenants and their balcony power plants (German)
- Berlin House of Representatives, Drucksache 19/12609 (German)
- California Senate Energy Committee analysis of SB 1148 (April 22, 2024): individual metering since 1982
- Solar.com: the renter’s guide to no-drill balcony solar
- City of San Ramon: California balcony laws (SB 721 summary)
- American Land Title Association: nearly half of rental units are in properties with four or fewer units (2022 survey summary)
- U.S. Census Bureau, ACS 2020-2024, table B25032: renters by building size (City of San Diego)
- Commercial Observer (September 2021): a 5,800-unit San Diego apartment portfolio
- H.G. Fenton Company: Aquatera residents get all of their energy from the sun (May 14, 2015)
- Community HousingWorks: about us (SOLARA, 2007)
- Affirmed Housing: sustainability
- City of San Diego Information Bulletin 301: how to obtain a permit for the installation of solar photovoltaic systems (May 2026, read October 4, 2026)
General information only. This is not legal, electrical, insurance or financial advice, and it creates no attorney-client relationship. The draft addendum is a starting point, not a form to sign without review. See the full disclaimer.