Heat is a required utility in most states, with specific temperature minimums and timing rules

In most U.S. states, landlords must provide heat during winter months and maintain a minimum indoor temperature. The exact rules depend on where you live — some states set a specific temperature threshold (often 68°F), while others require heat "suitable for human habitation" without naming a number. A few states leave it to local codes, which means your city or county sets the standard. The heating season typically runs from October or November through April or May, though this varies by region.

The legal obligation usually applies to the main living areas: bedrooms, living rooms, and kitchens. Landlords are not always required to heat garages, storage areas, or unfinished basements. If you rent a single-family home, a duplex, or an apartment, the same rules explore — the landlord's responsibility does not change based on the building type.

What "turning on the heat" means in legal terms is maintaining the minimum temperature during the hours when tenants are typically home. Most states do not require heat 24 hours a day, but rather during daytime and evening hours — often 6 a.m. to 11 p.m. or similar. If the landlord fails to meet this standard, you have the right to take action, which may include repair-and-deduct, withholding rent, or filing a complaint with your local housing authority.

Key Takeaways

  • Most states require landlords to provide heat that maintains a minimum temperature (commonly 68°F) during the winter heating season, usually October through April.
  • The heating requirement applies to main living spaces — bedrooms, living rooms, and kitchens — but not necessarily to garages or storage areas.
  • Heat must be available during standard occupancy hours (typically 6 a.m. to 11 p.m.), not necessarily around the clock.
  • If your landlord does not provide adequate heat, you can document the problem and pursue remedies such as repair-and-deduct or filing a complaint with your local housing authority.
  • State and local codes vary significantly, so checking your specific jurisdiction's rules is essential before taking action.

Temperature minimums vary by state and local code

Some states write a specific temperature into law. New York requires 68°F when the outside temperature is below 55°F during the day, and 62°F at night. Massachusetts requires 68°F during the day and 62°F at night. Illinois requires 68°F. Other states use vaguer language — they require heat that is "adequate," "suitable," or "sufficient" without naming a number, leaving interpretation to local housing codes or housing courts.

A handful of states do not set a statewide standard at all and instead allow cities and counties to set their own. In those places, you need to check your local housing code or call your city's housing department to learn what the minimum is. Some cities set 65°F, others set 70°F. A few do not set a specific number but require that the landlord maintain heat "as necessary for health and safety."

The heating season also varies. Northern states typically require heat from October 1 through May 31. Southern states may have a shorter season or no statewide requirement at all. Some states tie the requirement to outdoor temperature rather than a calendar date — heat must be provided whenever the outside temperature drops below a certain point, usually 55°F or 60°F.

When the heating season starts and ends

In cold-weather states, the heating season is defined by law or local code. New York's heating season runs from October 1 through May 31. Massachusetts runs from November 1 through May 31. Illinois runs from September 15 through June 1. These dates are fixed regardless of the actual weather in any given year.

Some states use a temperature-based trigger instead. The landlord must turn on heat when the outside temperature falls below 55°F or 60°F (depending on the state) and keep it on until the temperature stays above that threshold for a set number of days. This approach means the heating season can start and end at different times each year.

A few warm-weather states have no statewide heating requirement at all, though local codes may still require it. If you live in a state without a clear heating season, check your city or county housing code. Even if your state does not mandate heat, your lease may require it, and your landlord is bound by the lease terms.

What counts as adequate heat and how to document it

Adequate heat means the landlord has provided a working heating system and maintains it so that the minimum temperature is reached and held. The system does not have to be new or fancy — a working furnace, boiler, space heaters, or radiators all count. What matters is that the system actually works and produces the required temperature.

If your apartment is cold, document the problem before you take any action. Use a thermometer to measure the actual temperature in the main living areas. Record the date, time, and temperature. Take photos or videos showing the thermometer reading. Note the outside temperature if possible. Keep a log for at least a few days so you have a pattern, not a single cold reading.

Send your landlord a written notice (email or certified mail) describing the problem and asking for repairs. Keep a copy. Give the landlord a reasonable time to fix it — usually 24 to 48 hours in cold weather, though some states allow longer. If the landlord does not respond or the heat is not restored, you can then file a complaint with your local housing authority or pursue other remedies.

Your options if the landlord does not provide heat

If your landlord fails to provide adequate heat, you have several paths forward. The most common is repair-and-deduct, where you hire a contractor to fix the heating system and deduct the cost from your next rent payment. You must follow your state's rules carefully: send written notice first, wait the required time (usually 14 to 30 days), and keep all receipts and documentation. Some states limit how much you can deduct in a single month or require you to get the landlord's permission first.

Another option is to withhold rent until the heat is restored. This is legal in many states but risky — your landlord can file for eviction, and you will have to prove in court that the lack of heat justified withholding. You must have documented the problem in writing and given the landlord notice. Some states require you to put the withheld rent into an escrow account (held by a third party) rather than keeping it yourself.

You can also file a complaint with your local housing authority or health department. They will inspect the apartment and may order the landlord to make repairs or issue a violation. This does not get you money back, but it creates an official record and can pressure the landlord to act. In some cases, the housing authority can hire a contractor to fix the problem and bill the landlord.

In severe cases, you may be able to break your lease without penalty if the lack of heat makes the apartment uninhabitable. This is a last resort and requires proving that the condition is serious and the landlord has refused to fix it. You will likely need to go to housing court to establish this, and you should consult a tenant rights organization or attorney before taking this step.

How to find your state and local heating requirements

Start by checking your state's housing code or landlord-tenant law. Most states publish these online through the state legislature's website or the attorney general's office. Search for terms like "heating," "heat," "temperature," or "habitability." If your state does not have a statewide rule, look up your city or county housing code the same way.

Your local housing authority or health department can also tell you the requirement. Call and ask what the minimum temperature is and when the heating season runs. They can also tell you what to do if your landlord is not providing heat. Many cities have tenant rights organizations that publish guides specific to your area — these are often free and more readable than the official code.

If you have a lease, read it. Some leases specify a heating requirement that is higher than the legal minimum. If your lease says the landlord will maintain 72°F and your state only requires 68°F, the lease controls, and the landlord must meet the lease standard.

Frequently Asked Questions

Can my landlord turn off the heat to save money during winter?

No. During the heating season, turning off the heat to reduce costs is a violation of housing codes in most states. The landlord's operating costs are not a legal excuse. If your landlord has shut off the heat, document it and file a complaint with your housing authority when ready.

What if my landlord says I have to pay for heat myself?

In most states, the landlord must provide heat as part of the rental. If your lease says you pay for heat, that clause may be unenforceable depending on your state's law. Check your state's housing code. If the law requires the landlord to provide heat, a lease clause shifting that cost to you does not override it. Contact your local housing authority or tenant rights organization to confirm.

Does my landlord have to provide heat if I do not pay rent?

Yes. The landlord's obligation to provide heat is separate from your obligation to pay rent. Even if you are behind on rent, the landlord must still provide adequate heat. Shutting off heat as retaliation for nonpayment is illegal in most states.

How long does the landlord have to fix the heat after I report it?

It depends on your state and how cold it is. In freezing weather, most states require the landlord to respond within 24 to 48 hours. In milder cold, the timeframe may be longer — often 14 to 30 days. Check your state's housing code or call your housing authority to learn the specific important date in your area.

Can I move out if there is no heat?

You may be able to break your lease if the lack of heat makes the apartment uninhabitable, but this requires proving the condition is serious and the landlord has refused to fix it after notice. This is a legal step that usually requires going to housing court. Consult a tenant rights organization or attorney before moving out on your own, as you could be sued for breaking the lease.