Your landlord's heat obligation depends on your state and local laws, not on the calendar date
Most states require landlords to provide heat during winter months, but the exact dates, minimum temperature, and what counts as "heat" vary widely by location. Some states set a specific date range—for example, October 1 through May 31. Others tie the requirement to outdoor temperature: if it drops below a certain threshold (often 50°F or 55°F), heat must be available. A few states require heat whenever the tenant needs it to stay warm, regardless of season.
The minimum indoor temperature landlords must maintain also differs. Common standards are 68°F during the day and 62°F at night, but some places require 70°F throughout. A handful of states have no statewide rule at all, leaving it to local ordinances or lease agreements. Because these rules are local, you need to check your specific city or county code, not just your state law.
Key Takeaways
- Most states require heat between October and May, but some use outdoor temperature thresholds instead of fixed dates.
- The minimum indoor temperature landlords must maintain ranges from 62°F to 70°F depending on your location and time of day.
- Your lease may set a higher standard than the law requires, and you should check both your local code and your lease.
- If heat fails, document the problem in writing, notify your landlord in writing, and contact your local housing authority or tenant rights organization if the issue is not fixed within a reasonable time.
How to find your state and local heat requirements
Start by searching "[your state] landlord heat requirements" or "[your city] rental housing code heat." Most state housing departments post these rules online. If you cannot find them easily, call your local housing authority, building department, or tenant rights organization—they can tell you the exact dates and temperature your landlord must meet.
Your lease may also specify heat requirements. Read it carefully: if your lease says the landlord will provide heat at 72°F from September through June, that becomes part of your rental agreement even if local law is less strict. A lease cannot go below the legal minimum, but it can require more.
What counts as adequate heat
Heat must reach the required temperature throughout the rental unit, not just in one room. If your bedroom stays at 60°F while the living room is 70°F, that is typically not adequate. The heat source itself does not have to be a furnace—baseboard heaters, radiators, space heaters provided by the landlord, or steam heat all count as long as they work and reach the required temperature.
However, if your landlord tells you to provide your own space heater or pay for your own heating fuel, that usually violates the law. The landlord's obligation is to provide the heat system itself and pay for it. Tenants are not responsible for heating costs in most states, though a few allow landlords to include heat in the rent and pass the cost to tenants if the lease says so.
How to report a heat problem to your landlord
Write to your landlord—email, text, or a letter—describing the problem: "The heat in the bedroom does not exceed 62°F even when the thermostat is set to 70°F" is better than "it's cold." Include the date and time you noticed it. Keep a copy for yourself. This creates a record that you reported the issue, which matters if you later need to take further action.
Give your landlord a reasonable time to fix it. In most places, "reasonable" means 24 to 48 hours in winter, though some local codes specify a shorter window. If the heat is completely off and it is freezing outside, some jurisdictions require repair within 24 hours or even same-day. Check your local code for the exact timeline.
What to do if heat is not restored
If your landlord does not fix the heat within the required timeframe, contact your local housing authority, building department, or tenant rights organization. Many will send an inspector at no cost to you. If the inspection confirms the heat is inadequate, the landlord receives a violation notice and a important date to repair.
Depending on your state and local law, you may also have the right to repair the heat yourself and deduct the cost from rent, withhold rent until it is fixed, break the lease without penalty, or file a complaint with the housing authority. These remedies vary significantly by location, so ask your local tenant rights organization which options are available to you before you take action. Some states require you to follow a specific process or you lose the right to use these remedies.
Heat requirements in common scenarios
| Scenario | What the law usually requires |
|---|---|
| Heat fails in December | Landlord must repair within 24–48 hours (check your local code for exact timeline) |
| Landlord says tenant must pay for heat | Illegal in most states unless the lease explicitly says so and local law allows it |
| Heat works but only reaches 65°F when law requires 68°F | Landlord must repair or upgrade the system to meet the minimum |
| Landlord provides a space heater instead of fixing the furnace | Usually not adequate; landlord must fix the permanent heating system |
| It is April and heat is still required by local law | Landlord must provide heat until the required end date, even if weather warms up |
Frequently Asked Questions
What temperature counts as adequate heat?
Most states require 68°F during the day and 62°F at night, but check your local code because some require 70°F throughout. Your lease may set a higher standard. The temperature must be maintained in all rooms, not just the main living area.
Can my landlord charge me for heat?
In most states, no—the landlord must provide and pay for heat. A few states allow landlords to include heat in the rent if the lease says so upfront. Check your lease and local law. If your lease is silent, the landlord pays.
How long does my landlord have to fix broken heat?
Most places require repair within 24 to 48 hours during winter. Some jurisdictions require same-day repair if the heat is completely off and outdoor temperature is very low. Search your city or county code for the exact timeline, or call your local housing authority.
Can I withhold rent if the heat does not work?
In some states and cities, yes, but only if you follow the correct process—usually written notice and a waiting period. Other places require you to contact the housing authority first. Do not withhold rent without checking your local law, or you may be evicted for non-payment.
What if my landlord says I have to provide my own space heater?
That is usually illegal. The landlord must provide a working heating system and pay for it. If your landlord refuses, report it to your local housing authority or tenant rights organization.