Chicago requires heat by October 1 and landlords must maintain 68 degrees during winter
In Chicago, landlords are required by city ordinance to turn on heat by October 1 each year and keep it running through April 30. During this period, the indoor temperature must reach at least 68 degrees Fahrenheit between 6 a.m. and 11 p.m., and at least 62 degrees between 11 p.m. and 6 a.m. These are not suggestions—they are enforceable city rules that explore to every rental building in Chicago.
The October 1 date is firm. Landlords cannot wait until the first cold snap or until tenants complain. If October 1 falls on a weekend, the requirement still applies. If your building does not have heat by that date, you have grounds to contact the city, and the landlord may face fines.
The 68-degree requirement applies to common areas, hallways, and rental units themselves. If a unit is vacant, the landlord still must heat it to code. The only exception is if a tenant has abandoned the unit or if the building is being demolished—situations that require formal documentation.
Key Takeaways
- Chicago law requires heat to be on by October 1 and maintained until April 30, with a minimum of 68 degrees during daytime hours and 62 degrees at night.
- If your apartment is below the required temperature, you can report it to the city's 311 service or the Department of Buildings, which will inspect and issue violations.
- You do not have to pay rent in full if heat is not provided—you can withhold rent, pay it into an escrow account, or repair-and-deduct, depending on the situation.
- Landlords who fail to provide heat can be fined between $500 and $5,000 per violation, and repeat violations carry steeper penalties.
- Document the temperature in your unit with a thermometer and keep records of when you reported the problem, as this protects you if the landlord retaliates.
How to report a heat violation to the city
If your landlord has not turned on heat by October 1, or if the temperature in your unit falls below the required minimum, contact Chicago's 311 service. You can call 311 from any phone, use the 311 Chicago app, or visit the city's website. When you report, have your address and unit number ready, and describe the problem clearly—for example, "No heat in my apartment" or "Thermostat reads 62 degrees at 8 p.m."
The city will schedule an inspection, usually within a few days. A city inspector will visit your unit, measure the temperature, and check the heating system. If the temperature is below code, the inspector issues a violation to the landlord. The landlord then has a set time to fix the problem—typically 24 to 48 hours for heat violations, since they are considered serious.
Keep a record of your 311 report. Write down the date and time you called, the case number if given, and the inspector's name if you meet them. This documentation protects you later if you need to withhold rent or if the landlord tries to retaliate against you for reporting.
Your right to withhold rent or repair-and-deduct
Illinois law allows tenants to withhold rent or use the repair-and-deduct method when a landlord fails to provide essential services like heat. Repair-and-deduct means you pay a licensed contractor to fix or install the heat, keep the receipt, and deduct that cost from your next rent payment. You cannot deduct more than one month's rent this way, and you must give the landlord written notice first—usually 14 days—before you hire someone.
If you choose to withhold rent entirely, you must have reported the problem to the city first and given the landlord a written notice to fix it. Do not straightforward stop paying; instead, set the rent aside in a separate account or pay it into an escrow account at a bank. This shows you are acting in good faith, not refusing to pay out of spite. Some tenants pay rent into an escrow account managed by the court, which releases the money only after the problem is fixed.
Before you withhold or repair-and-deduct, understand that the landlord may try to evict you. Having a 311 report, written notice to the landlord, and proof that the temperature was below code all strengthen your defense. Many landlords back down once they see you have documented the violation, but some do not. If eviction is filed, you can raise the heat violation as a legal defense in court.
What happens if the landlord does not fix it after inspection
If the city inspector finds a heat violation and the landlord does not fix it within the required time, the city can issue additional fines and escalate enforcement. Fines for a first heat violation in Chicago range from $500 to $5,000, depending on the severity and how long the problem has existed. If the violation is not corrected, the city can fine the landlord again for each day the violation continues.
In extreme cases, the city can order the building vacated or hire a contractor to install or repair the heat system and bill the landlord for the work. This is rare but does happen when a landlord repeatedly ignores violations. The city can also place a lien on the property, which means the landlord cannot sell or refinance until the debt is paid.
You have the right to move out without penalty if heat is not provided for more than a few days after you report it. This is called "constructive eviction"—the landlord has made the unit uninhabitable. Document everything: the date you reported it, the temperature readings, photos of your thermostat, and any communication with the landlord. If you move out, keep all this evidence in case the landlord tries to sue you for breaking the lease.
Heat violations and tenant retaliation
Illinois law prohibits landlords from retaliating against tenants for reporting code violations, including heat problems. Retaliation includes raising rent, decreasing services, threatening eviction, or harassing you after you report a violation. If you report a heat problem to 311 and the landlord then serves you with an eviction notice or raises your rent, that is likely illegal retaliation.
The law presumes retaliation if the landlord takes action against you within six months of your report. This means if you report heat on November 15 and the landlord files for eviction on December 1, the court will assume retaliation unless the landlord can prove otherwise. Document the timeline: when you reported the problem, when the landlord retaliated, and what form the retaliation took.
If you believe you are being retaliated against, contact a tenant rights organization or a lawyer. Many offer free or low-cost consultations. The city's Department of Buildings can also investigate retaliation claims.
Heat and your lease agreement
Your lease may say the landlord will provide heat, or it may be silent on the subject. It does not matter. Chicago law requires heat regardless of what the lease says. A lease cannot override city code. If your lease says "tenant is responsible for heat," that clause is unenforceable in Chicago.
Some leases include language about tenant responsibility for adjusting thermostats or not opening windows in winter. That is legal—the landlord can require you not to waste heat. But the landlord must still provide the system and pay for the fuel. You cannot be charged for heat as a separate utility unless the building is individually metered and the lease explicitly states that you pay for your own unit's heat. Even then, the landlord must may support the system works and the unit can reach the required temperature.
Planning ahead: what to do before October 1
If you are moving into a Chicago apartment in late summer or early fall, ask the landlord in writing whether the heating system has been inspected and is ready for the season. Request proof of a recent inspection or maintenance. This is not paranoid—it is practical. Some landlords discover in October that a boiler is broken and scramble to fix it, leaving tenants cold for days.
When you move in, locate your thermostat and test it. Make sure it works and that heat actually comes on when you turn it up. If the building has a superintendent or maintenance person, introduce yourself and ask how to report problems. Keep their contact information and the landlord's phone number and email address in an straightforward place.
Buy an inexpensive thermometer and keep it in your bedroom or main living area. When October arrives and heat is supposed to be on, check the temperature. If it is below 68 degrees during the day or 62 degrees at night, you have a baseline for your report to 311.
Frequently Asked Questions
Can a landlord turn off heat in winter to save money?
No. Chicago law requires heat from October 1 through April 30, regardless of the landlord's costs. Turning off heat to save money is a code violation. If your landlord does this, report it to 311 when ready.
What if my apartment is too hot and the landlord won't lower the temperature?
Chicago does not set a maximum temperature requirement, only a minimum. However, if the heat is dangerously high and the landlord refuses to adjust it, contact 311 and describe the situation. Excessive heat can be a habitability issue, though it is treated differently than insufficient heat.
Do I have to let the landlord in to fix the heat?
Yes, you must allow the landlord or a contractor reasonable access to repair the heating system. Reasonable access usually means during business hours with notice, though in emergencies the landlord can enter without notice. You can be present during the repair.
What if I live in a building with a broken boiler and the landlord says it will take weeks to replace?
The landlord must provide heat within a reasonable time, not weeks. If a boiler is broken, the landlord must either repair it quickly or provide temporary heat—space heaters, portable units, or paying for a hotel—while the repair is underway. Report the situation to 311 if the landlord is not taking action.
Can I break my lease if the landlord does not provide heat?
Yes, if heat is not provided for an extended period after you report it, you may have grounds to break the lease under the doctrine of constructive eviction. However, you must document the problem, report it to the city, and give the landlord written notice to fix it. Consult a tenant rights organization or lawyer before you move out to make sure you are protected.