Your landlord must provide heat to a habitable temperature, but the rules on control vary by state and season
In most U.S. states, your landlord is legally required to provide adequate heat during the cold months — typically defined as between 68 and 72 degrees Fahrenheit, though the exact standard depends on where you live. However, the question of who controls the thermostat is separate from whether heat must be provided at all. Some states let landlords install individual unit controls and pass heating costs to tenants; others forbid it. A few states require landlords to pay for heat no matter what.
The distinction matters because it affects both your comfort and your utility bill. If your lease says you pay for heat but your landlord controls the thermostat, you could be charged for heat you cannot adjust. If your landlord controls both the thermostat and the bill, they have less incentive to keep it warm enough. Understanding your state's rules and what your lease actually says will tell you what you can push back on.
Key Takeaways
- Your landlord must provide heat that reaches a minimum temperature (usually 68 to 72 degrees) during winter months, even if your lease says you pay the utility bill.
- Whether your landlord can control the thermostat depends on your state law and what your lease says — some states ban landlord-controlled heat entirely, others allow it if tenants pay the bill.
- If your unit is too cold and your landlord refuses to fix it, you may be able to withhold rent, repair it yourself and deduct the cost, or break the lease without penalty, depending on your state.
- Individual thermostats in your unit are different from central building controls — you have more rights to adjust your own thermostat than to override a building-wide system.
States that require landlords to pay for and control heat
Several states treat heat as a landlord responsibility that cannot be shifted to tenants, which means the landlord pays the bill and typically controls the thermostat. These include New York, Massachusetts, Connecticut, Illinois, and New Jersey. In these states, a lease clause requiring you to pay for heat is usually void — the landlord must cover it regardless of what the lease says.
In New York, for example, landlords must maintain heat between 68 and 78 degrees during the day (6 a.m. to 10 p.m.) and between 62 and 78 degrees at night, from October 1 through May 31. The landlord pays the utility bill and controls the system. If the building falls below these temperatures, you can file a complaint with the housing authority, and the landlord faces fines. You also have the right to withhold rent or repair the system and deduct the cost.
Massachusetts has similar rules: landlords must provide heat of at least 68 degrees between November 1 and April 30. If your landlord fails to do so, you can contact your local board of health, and the landlord can be ordered to make repairs or face penalties. The cost is always the landlord's responsibility.
States that allow landlords to shift heat costs to tenants
Other states permit landlords to pass heating costs to tenants if the lease says so and the unit has individual controls. California, Texas, Florida, and many others allow this arrangement. In these places, if your lease says you pay for heat and you have your own thermostat, your landlord can legally control the system settings — though you can still adjust it within the range they set.
The catch is that even in these states, your landlord cannot provide heat so inadequate that the unit becomes uninhabitable. If the thermostat is set so low that the apartment cannot reach a safe temperature, or if the heating system is broken, the landlord must still fix it. The difference is that you may be paying the utility bill while the landlord controls the equipment.
In California, for instance, landlords must provide functioning heating that can maintain 68 degrees, but they can require tenants to pay for the utility. If you pay the bill but the landlord locks the thermostat or sets it below livable temperatures, that crosses into habitability violation. You would then have grounds to withhold rent or break the lease.
What happens if your landlord controls the thermostat and you pay the bill
This is the scenario that creates the most conflict. Your lease says you pay the heating bill, but your landlord controls the thermostat or has locked it at a low setting. You are paying for heat you cannot adjust and may not be getting enough of.
In states that allow this arrangement, your recourse depends on whether the temperature is actually unsafe. If the apartment regularly drops below 68 degrees despite the thermostat being set higher, the system is broken, and your landlord refuses to repair it, you have a habitability claim. You can usually withhold rent, repair it yourself and deduct the cost, or in some states break the lease without penalty.
If the apartment stays warm enough but your landlord straightforward refuses to let you adjust the thermostat, your options are narrower. Some states consider this a lease violation you can dispute; others treat it as a minor control issue. Document the temperature with a thermometer and photos of the thermostat setting. If your landlord is deliberately keeping it cold to save money while you pay the bill, that may violate the implied warranty of habitability in your state.
Individual unit thermostats versus building-wide heat control
If your unit has its own thermostat, you have more control than if heat is managed from a central building system. With an individual thermostat, even if your landlord owns it, you can usually adjust the temperature within a reasonable range. Your landlord cannot legally lock you out of basic operation.
Building-wide heat is different. If your landlord controls a central boiler that serves the whole building, they set one temperature for everyone. You cannot override this without affecting other units. In this case, your landlord has more legitimate reason to control the setting — they are balancing the needs of multiple tenants and managing one system. However, they still must keep the building warm enough to meet the legal minimum, usually 68 degrees.
If you live in a building with central heat and it is too cold, your complaint goes to your landlord first, then to the housing authority if they do not respond. You cannot install a space heater and deduct it from rent in most states, because the landlord's legal duty is to provide the heat, not to reimburse you for workarounds.
How to document a heat problem and file a complaint
If your apartment is too cold, start by documenting it. Use a thermometer to record the actual temperature in your unit at different times of day and night. Take photos of the thermostat setting and any visible damage to the heating system. Keep a log of dates and times the heat was inadequate.
Send your landlord a written request to fix the problem. Email is best because it creates a record. Describe the issue, the temperature you measured, and when it occurred. Give them a reasonable important date — usually 24 to 48 hours for a heat emergency, or a few days for a less urgent repair.
If your landlord does not respond, contact your local housing authority, board of health, or tenant rights organization. Many cities have a 311 line or online portal for housing complaints. You can also file a complaint with your state's attorney general or consumer protection office. Keep copies of all written communication with your landlord and the government agency.
Your rights if the heat is inadequate
If your landlord fails to provide adequate heat, your options depend on your state law. In most places, you can do one or more of the following: withhold rent (usually by paying it into an escrow account rather than to the landlord), repair the system yourself and deduct the cost from rent, break the lease without penalty, or file a complaint with the housing authority.
Before you withhold rent or break the lease, check your state's specific rules. Some states require you to give the landlord written notice and a important date to fix the problem first. Others require you to file a complaint with the housing authority before you can withhold rent. Doing it wrong can give your landlord grounds to evict you for non-payment, even though the heat is their responsibility.
If the heat problem is severe enough to make the unit uninhabitable — below 50 degrees for several days, for example — you may be able to break the lease when ready and move out. Document everything and contact a tenant rights organization in your area before you do this, because the rules vary widely by state.
Frequently Asked Questions
Can my landlord lock the thermostat so I cannot adjust it?
It depends on your state and lease. In states that require landlords to pay for heat, locking the thermostat is generally not allowed — you have the right to adjust it within a reasonable range. In states that allow tenants to pay for heat, your landlord may be able to restrict access, but they cannot set it so low that the apartment becomes uninhabitable. If the temperature regularly drops below 68 degrees, you have grounds to complain.
What temperature does my landlord have to maintain?
Most states require between 68 and 72 degrees during the day and between 62 and 68 degrees at night, but the exact standard varies. Check your state or local housing code for the specific requirement. If your apartment regularly falls below the legal minimum, your landlord is in violation and must fix it.
Can I withhold rent if the heat is broken?
In most states, yes, but you usually have to follow specific steps first. Send your landlord written notice of the problem and give them a important date to fix it — typically 24 to 48 hours for heat. If they do not respond, you can withhold rent, but many states require you to pay it into an escrow account rather than keeping it. Check your state's tenant laws before you withhold rent, because doing it wrong can result in an eviction notice.
What if my lease says I have to pay for heat?
In some states, that clause is void — the landlord must pay for heat regardless of what the lease says. In other states, you can be required to pay the utility bill, but your landlord must still provide a functioning system that reaches the legal minimum temperature. If the system is broken or inadequate, the landlord must repair it even if you pay the bill.
Can I use a space heater instead of asking my landlord to fix the heat?
Space heaters are a temporary workaround, but they do not relieve your landlord of the legal duty to provide heat. They also pose a fire risk and can increase your electric bill. If the main heating system is broken, your landlord must repair it. You can use a space heater while waiting for the repair, but do not let it delay you from filing a complaint with the housing authority.