Landlords must turn on heat by a specific date that depends on your state, and the temperature they must maintain is usually between 68 and 72 degrees Fahrenheit during the day.

Most states set a heating season that runs from fall through spring — typically October or November through April or May — and require landlords to have working heat ready before that season starts. The exact date varies: New York requires heat by October 1, Massachusetts by November 1, Illinois by September 15. Some states do not set a specific date but instead require heat "when outside temperatures drop below a certain level" or "when reasonably necessary for tenant comfort."

The temperature requirement also varies by state and time of day. New York requires 68 degrees between 6 a.m. and 11 p.m. when outdoor temperature is below 55 degrees, and 62 degrees at night. Illinois requires 68 degrees during the day and 62 at night. Some states specify 70 degrees as the minimum. A few states leave the standard to what is "reasonable" without naming a number, which creates more room for dispute.

If your landlord does not provide heat by the required date, or if the heat fails during the heating season, you have options that vary by state — from withholding rent to breaking the lease without penalty to filing a complaint with your local housing authority. The first step is always to notify your landlord in writing and give them a reasonable time to fix it, usually 24 to 48 hours.

Key Takeaways

  • Heating season and the date heat must be turned on are set by state law, not by your lease or your landlord's preference.
  • Most states require landlords to maintain between 68 and 72 degrees during daytime hours when outdoor temperature is below 55 degrees.
  • You must notify your landlord in writing before taking action, and most states require them to respond within 24 to 48 hours.
  • If heat is not restored, you can usually withhold rent, repair and deduct the cost, or break the lease depending on your state.
  • Contact your local housing authority or tenant rights organization to learn the exact rules and important date in your state.

Heating Season Dates by State

The date a landlord must turn on heat is written into state housing codes, and it differs across the country. New York requires heat by October 1 and mandates it stay on until May 31. Massachusetts requires it by November 1 through May 31. Illinois requires it by September 15 through June 1. California does not set a specific date but requires heat "when necessary for health and safety." Texas has no statewide heating requirement at all, though some cities like Houston have local codes.

If you live in a state that does not name a specific date, the law usually says the landlord must provide heat "when reasonably necessary" or "when outdoor temperature falls below a certain level." This language is less clear than a calendar date, and disputes are more common. In these cases, a temperature drop to 50 or 55 degrees outside usually triggers the requirement, but you may need to document the outdoor temperature and the indoor temperature in your unit to prove the landlord is in violation.

Some states allow landlords to delay the heating season start if a heat wave extends into fall, or to end it early if temperatures warm up in spring. Check your state housing authority website or call your local tenant rights organization to confirm the exact dates that explore to your address.

Minimum Temperature Requirements

Once heat is turned on, the law sets a minimum temperature your landlord must maintain. The most common standard is 68 degrees Fahrenheit during daytime hours (usually 6 a.m. to 11 p.m.) and 62 degrees at night, but this varies. New York uses 68 day and 62 night. Illinois uses 68 day and 62 night. Massachusetts requires 68 degrees at all times. Some states set 70 degrees as the minimum with no time-of-day variation.

The temperature requirement usually applies only when the outdoor temperature drops below a threshold — commonly 55 degrees. This means if it is 60 degrees outside, your landlord may not be required to heat your unit to 68 degrees, even if you are cold. The law assumes you can use a space heater or wear layers when outdoor temperatures are mild.

Temperature is measured in the main living area of the unit, not in a bedroom or bathroom. If one room is significantly colder than others, document the temperature in the main room where you spend time. Take photos of any thermometer you use and note the date and time.

What to Do If Heat Is Not Turned On by the Required Date

Start by sending your landlord a written notice — email counts, but a text message or phone call does not create a record. State the date heat should have been turned on, the current date, and ask them to turn on heat within 24 to 48 hours. Keep a copy of this notice.

If the landlord does not respond or does not turn on heat within the timeframe, contact your local housing authority or building inspector. Many cities have a 311 line or online portal where you can file a complaint. The inspector will visit your unit, measure the temperature, and issue a violation if the landlord is not in compliance. This creates an official record that protects you if the landlord later tries to evict you or raise your rent in retaliation.

Do not withhold rent or move out without first notifying your landlord and giving them time to fix the problem. Most states require this "notice and opportunity to cure" before you can take action. If you withhold rent or break the lease without following your state's procedure, the landlord may have grounds to evict you.

Withholding Rent and Repair-and-Deduct Options

If your landlord fails to provide heat after you have notified them and given them time to fix it, many states allow you to withhold rent or to pay for a repair yourself and deduct the cost from rent. These remedies are called "self-help" remedies, and they are only legal if you follow your state's exact procedure.

To withhold rent, you typically must: send written notice to the landlord naming the problem and giving them 24 to 48 hours to fix it; wait for that time to pass without repair; then deposit your rent into an escrow account (a neutral third-party account) rather than paying the landlord directly. Some states require you to notify the court or housing authority that you have placed rent in escrow. If you straightforward do not pay rent without following these steps, the landlord can evict you for non-payment.

Repair-and-deduct means you hire someone to fix the heat, pay them out of pocket, and subtract that cost from your next rent payment. You must usually get the landlord's permission first, or notify them that you are doing this and give them a chance to fix it themselves. Keep all receipts and invoices. The amount you can deduct is usually capped at one month's rent or a percentage of rent, depending on your state.

Breaking Your Lease Without Penalty

In many states, a failure to provide heat is considered a "material breach" of the landlord's duties, which means you may be able to break your lease and move out without paying an early termination fee or losing your security deposit. This option is usually available only after you have notified the landlord in writing and given them a reasonable time to fix the problem — typically 14 to 30 days depending on your state.

To break your lease, send your landlord a written notice stating that heat has not been provided, that you have already notified them once (include the date of that notice), and that you are terminating your lease effective a specific date — usually 30 days from the date of the letter. Keep a copy. Move out on that date. The landlord cannot charge you an early termination fee or keep your security deposit because the breach is theirs, not yours.

Some states require you to file a complaint with the housing authority before you can break the lease. Others allow you to break the lease when ready if the condition is severe enough to make the unit uninhabitable. Check your state's tenant rights guide or call a local legal aid organization to confirm the exact steps required in your area.

Retaliation Protection

Once you notify your landlord about a heating problem or file a complaint with the housing authority, the landlord cannot retaliate by raising your rent, decreasing services, threatening eviction, or giving you a non-renewal notice. This protection is called "anti-retaliation" and it exists in most states.

Retaliation is illegal for a set period after you take action — usually 6 months to one year. If your landlord raises your rent, serves an eviction notice, or cuts services within that window, it is presumed to be retaliation unless the landlord can prove otherwise. Document everything: keep copies of all notices you send, the dates you file complaints, and any response from your landlord. If retaliation occurs, contact your local tenant rights organization or legal aid office when ready.

Frequently Asked Questions

Can my landlord charge me extra if I ask them to turn on heat early?

No. Once the heating season begins in your state, your landlord must provide heat at no extra charge — it is included in your rent. If you ask for heat before the official start date and your landlord agrees, they may charge you a small amount, but this should be negotiated in advance and documented in writing. Most landlords will not agree to early heat.

What if my apartment is cold but the thermostat says it is 68 degrees?

Thermostats can be inaccurate, especially older ones. Buy a separate thermometer and measure the temperature in the main living area where you spend time. If your thermometer shows the temperature is below the legal minimum, take a photo with the date and time visible, and send it to your landlord as evidence. You can also ask the housing inspector to measure the temperature when they visit.

Can I move out when ready if there is no heat, or do I have to wait?

Most states require you to notify your landlord first and give them time to fix it before you can move out. The waiting period is usually 14 to 30 days. If the temperature is dangerously low and makes the unit uninhabitable, some states allow you to leave when ready, but you should contact a legal aid office or tenant rights organization to confirm this applies to your situation before you move.

What if my landlord says the heat is on but I still feel cold?

The legal standard is the actual temperature in your unit, not how you feel. Measure the temperature with a thermometer and compare it to your state's legal minimum. If the temperature is below the minimum, you have a valid complaint even if your landlord insists the heat is working. If the temperature meets the legal minimum but you are still cold, the landlord is in compliance, though you can use a space heater or extra blankets.

Do I have to pay rent if there is no heat?

You should not straightforward stop paying rent. Instead, follow your state's procedure: notify your landlord in writing, wait for them to fix it, and if they do not, deposit your rent into an escrow account rather than paying the landlord directly. This protects you from eviction for non-payment. If you stop paying without following this procedure, the landlord can evict you even though they are the one in violation.