Most states require landlords to provide heat between October and April, but the exact dates and minimum temperature vary by location

Your landlord's obligation to heat your rental depends on where you live. Some states set a specific calendar window — for example, New York requires heat from October 1 through May 31. Others tie the requirement to outdoor temperature: if it drops below a certain point, heat must be on regardless of the date. A few states leave it to local ordinance, so your city or county sets the rule. The most common requirement is a minimum indoor temperature of 68°F during the day and 62°F at night, though some places demand 70°F or higher.

The reason these laws exist is straightforward: without heat, a rental becomes uninhabitable and poses health risks, especially for children, elderly people, and those with respiratory conditions. Landlords cannot straightforward tell you to use a space heater or wear more layers and call it compliance. If your landlord fails to provide adequate heat when legally required, you have documented grounds to withhold rent, break your lease, or file a complaint with your local housing authority.

Key Takeaways

  • Heat requirements are set by state law or local ordinance, and the dates or temperature thresholds differ by location — check your state housing code or contact your city housing department to learn your specific requirement.
  • Most jurisdictions require landlords to maintain a minimum indoor temperature of 68°F during daytime hours and 62°F at night when heat is required.
  • If your landlord does not provide adequate heat during the required period, you can document the problem with a thermometer reading and photos, then notify your landlord in writing and contact your local housing authority.
  • Depending on your state, you may be able to withhold rent, pay for repairs yourself and deduct the cost, or break your lease without penalty if heat is not provided.

Heat requirements by state and season

New York requires heat from October 1 through May 31, with a minimum of 68°F between 6 a.m. and 11 p.m. and 62°F from 11 p.m. to 6 a.m. Massachusetts has a similar calendar window (November 1 through May 31) and the same temperature minimums. Illinois requires heat from September 15 through June 15 and sets 68°F as the minimum at all times. California does not set a specific heating season but requires landlords to maintain habitable conditions, which includes adequate heat — this means the requirement applies year-round if the climate demands it.

Some states use temperature thresholds instead of dates. In Colorado, if the outdoor temperature drops below 50°F, landlords must provide heat to maintain 65°F indoors. In Minnesota, the requirement kicks in when outdoor temperature falls below 55°F. A handful of states have no statewide rule and defer to local housing codes, so you need to check your city or county ordinance. Contact your local housing authority, city clerk, or tenant rights organization to find the exact rule where you live.

Even if your state has no statewide requirement, your lease may include a heating clause, and local building codes often impose standards that override the lease. A landlord cannot contract around a legal minimum — if state or local law requires heat, the lease cannot say otherwise.

How to document inadequate heat and notify your landlord

Before you file a complaint, create a record. Use a thermometer to measure the indoor temperature in the main living area, bedroom, and kitchen. Take a photo of the thermometer reading and note the date, time, and outdoor temperature if possible. Repeat this over several days if the problem is ongoing. Keep these photos and notes — they are your evidence.

Send your landlord a written notice describing the problem. Email is acceptable and creates a time-stamped record. Write something like: "The temperature in the living room was 62°F on [date] at [time]. This is below the required minimum of 68°F. Please repair the heating system by [date — typically 24 to 48 hours for heat]." Keep a copy of this notice. Do not assume a phone call counts; written notice protects you if you later need to prove you gave the landlord a chance to fix it.

If your landlord does not respond or the heat is not restored within the required timeframe, contact your local housing authority or code enforcement office. Most cities have a tenant hotline or online portal where you can file a complaint. Provide your thermometer readings, photos, and a copy of your written notice to the landlord. The housing authority will typically inspect the unit and order the landlord to make repairs.

Your options if heat is not provided

The remedies available to you depend on your state and local law. In many jurisdictions, you can withhold rent in an amount proportional to the loss of habitability — for example, if heat is off for two weeks in a month, you might withhold 50 percent of that month's rent. Some states require you to place the withheld rent in escrow (a separate account) rather than keeping it, and you must have notified the landlord in writing first. Check your state's tenant rights law or ask a local legal aid organization whether rent withholding is allowed where you live.

Another option is the "repair and deduct" remedy: you pay for a licensed contractor to fix the heating system and deduct the cost from your rent. This is legal in many states but not all, and there are usually limits on how much you can deduct and how often you can use this remedy. Again, you must notify the landlord in writing and give them a reasonable time to repair before you hire someone yourself.

In some cases, you can break your lease without penalty if heat is not provided. This is treated as a material breach by the landlord — they have failed to provide a basic service that makes the unit habitable. If you choose to move out, document everything and consult a local tenant rights organization or legal aid office before you leave, because the process and timeline vary by state.

What counts as adequate heat

Adequate heat means the heating system works and maintains the required temperature throughout the unit, not just in one room. A landlord cannot meet the requirement by providing a single space heater for a three-bedroom apartment. The system must be capable of heating the entire rental to the minimum temperature on the coldest days of winter. If the furnace is broken, the boiler is leaking, or the radiators are blocked, the landlord must repair or replace the equipment.

The temperature must be measured in the living areas where tenants spend time, not in a hallway or closet. If you have a working thermostat, use it; if not, use an inexpensive digital thermometer from a hardware store. Some landlords argue that tenants are responsible for opening vents or clearing blocked radiators, but the landlord remains responsible for the system itself. If a vent is stuck or a radiator is clogged due to age or poor maintenance, that is the landlord's problem to fix.

Heat and lease terms: what landlords cannot do

A lease cannot waive your right to heat. If your lease says "tenant is responsible for all heating costs" or "landlord is not responsible for heat," that clause is unenforceable in most states. The law overrides the lease. Landlords sometimes try to shift heating costs to tenants by including it in rent or charging a separate heating fee, but they still must may support the system works and the unit reaches the required temperature.

Similarly, a landlord cannot charge you a deposit or fee for heat or make you sign a waiver saying you will not hold them liable if heat fails. These are illegal in most jurisdictions. If your lease contains such language, it is likely void, and you should contact a tenant rights organization or legal aid office to understand your protections.

What to do if your landlord retaliates after you report a heat problem

Retaliation — raising your rent, threatening eviction, or reducing services because you reported a housing code violation — is illegal in most states. If you file a complaint about heat with the housing authority and your landlord suddenly serves you with an eviction notice or raises your rent, that is retaliation. Many states have a "protected period" during which a landlord cannot retaliate; in New York, for example, it is six months after you file a complaint.

Document any retaliatory action: keep the eviction notice, rent increase letter, or any communication from your landlord that seems punitive. Report it to your local housing authority or tenant rights organization. Some states allow you to sue for retaliation or use it as a defense in an eviction case. Do not let fear of retaliation stop you from reporting a legitimate housing code violation — the law is designed to protect you.

Frequently Asked Questions

What temperature should my apartment be if the landlord provides heat?

Most states require a minimum of 68°F during daytime hours (typically 6 a.m. to 11 p.m.) and 62°F at night. Some jurisdictions require 70°F or higher. Check your state housing code or contact your local housing authority to confirm the exact requirement where you live.

Can my landlord turn off heat in April even if it is still cold outside?

It depends on your state's rule. If your state uses a calendar window (like October 1 through May 31), the landlord can turn off heat on June 1 even if temperatures are low, though this is rare. If your state uses a temperature threshold, heat must stay on as long as outdoor temperatures fall below the trigger point. Check your local rule.

What if my landlord says I am using too much heat and charges me extra?

Landlords cannot charge tenants for heat if the lease does not explicitly include a heating cost, and even then, the landlord must may support the system works and the unit reaches the required temperature. If you are being charged for heat, verify that the lease allows it. If the heating system is inefficient or broken, that is the landlord's responsibility to fix, not your bill to pay.

How long does it take for a housing authority to order my landlord to fix the heat?

This varies by jurisdiction. Some housing authorities inspect within 24 to 48 hours for heat complaints because they are considered urgent. Others may take a week or longer. After inspection, the landlord typically has 24 to 72 hours to make repairs. Ask your housing authority for their timeline when you file the complaint.

Can I move out when ready if there is no heat?

In many states, yes, but the process and notice requirements vary. Some states allow you to break the lease when ready without penalty if heat is not provided; others require you to give the landlord written notice and a reasonable time to repair first. Contact a local legal aid office or tenant rights organization before you move to understand your rights and avoid being held liable for breaking the lease.