Your landlord must provide heat during winter months, but the exact dates and temperatures depend on your state and local law

Most states require landlords to maintain heat in rental units during cold months, but "winter" does not mean the same thing everywhere. In New York, for example, landlords must provide heat from October 1 through May 31, keeping apartments at 68°F during the day (6 a.m. to 10 p.m.) and 62°F at night. In Massachusetts, the requirement runs from November 1 through March 31, with a minimum of 68°F. Other states set different dates or temperatures, and some leave it to individual cities or counties to decide.

The key is that your state or local housing code defines both the calendar dates and the minimum temperature your landlord must maintain. If your landlord fails to provide heat during the required period, you have legal remedies — but you need to know what your specific location requires first.

Key Takeaways

  • Heat requirements vary by state and sometimes by city, with different start dates, end dates, and minimum temperatures depending on where you live.
  • Most states require heat between October or November and March or May, with minimums ranging from 62°F to 70°F depending on time of day.
  • You must notify your landlord in writing (email or certified mail) about the lack of heat and give them a reasonable time to fix it before pursuing legal action.
  • If your landlord does not restore heat, you may be able to withhold rent, break your lease, or file a complaint with your local housing authority without facing eviction.

How to find your state's heat requirements

Start by checking your state's housing or building code online. Search "[your state] landlord heat requirements" or "[your state] minimum heat law." Most state housing agencies publish these rules in plain language on their websites. If your state does not set a statewide rule, your city or county likely does — call your local housing authority or building department to ask what the requirement is in your area.

Write down the exact dates and temperature. You will need this information if you have to prove your landlord is breaking the law. Some states also require landlords to provide heat by a certain date even if the weather has not turned cold yet — for example, October 1 in New York, regardless of temperature. This protects tenants from landlords who wait until the first freeze to turn on the system.

What counts as "not providing heat"

A landlord has not provided heat if the temperature in your unit falls below the legal minimum during the required period. You do not have to prove the landlord did it on purpose or was negligent — the law cares about the result, not the reason. If your radiator is broken, your furnace is not working, or the building's heating system is off, that is a failure to provide heat, even if the landlord claims they are waiting for a repair person.

However, if you have deliberately blocked a radiator, closed vents, or prevented heat from reaching your unit, the landlord may argue you caused the problem. Keep radiators and vents clear, and do not seal them shut. If the heat is on but your apartment is still cold because of poor insulation or drafty windows, that is usually still the landlord's responsibility to fix, though the legal standard varies by state.

How to notify your landlord and document the problem

Send your landlord written notice — email or certified mail — stating that heat is not being provided and asking them to restore it when ready. Include the date you noticed the problem, the temperature in your unit if you have a thermometer, and the legal requirement in your area. Keep a copy of this notice and any response. Do not rely on a phone call or text message alone, because you will need proof that you told the landlord.

If possible, take a photo or video of your thermometer showing the temperature in your unit. Keep a log of dates and times when heat was absent. This documentation will matter if you end up filing a complaint or going to court. Some states require you to give the landlord a specific amount of time to fix the problem — often 24 to 48 hours — before you can take further action, so check your local rules.

What you can do if your landlord does not restore heat

Your options depend on your state, but most places allow you to do one or more of the following. Rent withholding means you can set aside your rent payment (or a portion of it) in a separate account while the heat is off, then use it to pay for repairs or to offset the cost of living elsewhere. Some states require you to put the money in an escrow account or give the landlord notice first. Repair and deduct

You can also file a complaint with your local housing authority or building department. They can inspect the unit, issue a violation to the landlord, and in some cases order the landlord to make repairs or face fines. In many states, you can break your lease and move out without penalty if the landlord fails to provide heat for a certain number of days. Some places also allow you to sue for damages or the cost of temporary housing. The specific rules vary, so contact your local housing authority or a tenant rights organization to learn what options are available to you.

Protection against eviction for reporting heat problems

Most states have retaliation laws that prevent landlords from evicting you, raising your rent, or reducing services because you reported a heat violation or other housing code problem. If your landlord tries to evict you within a certain time period (often 30 to 90 days) after you report the heat issue, the law presumes the eviction is retaliation, and the landlord must prove otherwise. This protection applies even if you withheld rent or filed a complaint with the housing authority.

However, retaliation laws do not prevent a landlord from evicting you for other reasons — such as non-payment of rent (if you did not withhold it properly) or lease violations unrelated to the heat. If you are facing eviction after reporting a heat problem, contact a local legal aid organization or tenant rights group when ready. They can review your situation and help you defend against the eviction if retaliation is involved.

Heat problems in shared buildings and multi-unit complexes

In a building with a central heating system, the landlord is responsible for maintaining the system so that all units receive adequate heat. If some apartments are warm and others are cold, the problem may be a broken valve, a clogged pipe, or an imbalance in the system — all things the landlord must fix. If the entire building is cold, the main furnace or boiler is likely the issue.

Document which units are affected and what temperatures you are measuring. If you are in a multi-unit building, talk to your neighbors — if several units are cold, a complaint from multiple tenants carries more weight with the housing authority. Some states allow tenants to organize and file a joint complaint, which can speed up the inspection and repair process.

Frequently Asked Questions

What temperature does my landlord have to maintain?

This varies by state and sometimes by city. Most states require 68°F during daytime hours and 62°F at night, but some require 70°F or higher. Check your state's housing code or call your local housing authority to find out the exact requirement where you live.

Can my landlord turn off heat to save money?

No. During the required heating season, your landlord must maintain the minimum temperature regardless of the cost. Turning off heat to reduce expenses is a violation of housing law and gives you the right to withhold rent, file a complaint, or break your lease.

What if my landlord says the heating system is broken and they are waiting for a repair?

The landlord must still provide heat while waiting for repairs. They may need to use a temporary heating system, rent portable heaters, or put you up in a hotel until the system is fixed. A broken furnace is not an excuse to leave tenants without heat — it is an emergency that requires when ready action.

How long do I have to wait before I can withhold rent or break my lease?

This depends on your state. Most require you to notify the landlord in writing and give them 24 to 48 hours to fix the problem. Some states require longer — check your local housing code or contact your housing authority to learn the exact timeline in your area.

Can my landlord evict me for withholding rent because of no heat?

No, if you followed the proper steps — notifying the landlord in writing and giving them time to fix the problem. Retaliation laws protect you from eviction when you report housing code violations. However, if you withheld rent improperly or for other reasons, the landlord may still have grounds to evict you.