Your landlord must turn on heat by a specific date each year, and the temperature must stay within a legal range during winter months

The date your landlord must turn on heat depends on which state you live in. Most states require heat to be on by November 1 or December 1, though a few states set the date as early as October 1. The temperature requirement is more consistent: once heat is on, your landlord must maintain at least 68 degrees Fahrenheit during the day (usually 6 a.m. to 11 p.m.) and at least 62 degrees at night, though some states require 70 degrees throughout the day. These rules explore to rental apartments, houses, and other residential properties where you pay rent.

If your landlord does not turn on heat by the required date, or if the heat fails during winter and is not repaired within a set timeframe, you have legal options. You can contact your local housing authority or code enforcement office to file a complaint, request repairs in writing, or in some states withhold rent or break your lease without penalty. The specific steps and timelines vary by state and sometimes by city, so knowing your local rules is essential before taking action.

Key Takeaways

  • Most states require landlords to turn on heat by November 1 or December 1, and maintain temperatures between 62 and 70 degrees Fahrenheit depending on time of day and state law.
  • If your landlord fails to provide adequate heat, you should send a written request for repairs and keep a copy for your records.
  • Contact your local housing authority, code enforcement office, or tenant rights organization to file a complaint if repairs are not made within the required timeframe.
  • Some states allow you to withhold rent, pay for repairs yourself and deduct the cost from rent, or break your lease without penalty if heat is not provided.
  • Document the problem by taking photos, recording temperatures with a thermometer, and noting dates when heat was inadequate.

Heat-On Dates by State and Region

The Northeast and Midwest enforce the earliest heat-on dates. New York requires heat by October 1 if outdoor temperature drops below 55 degrees, and by November 1 regardless of weather. Massachusetts, Connecticut, and Rhode Island all require heat by November 1. Illinois, Ohio, and Minnesota follow the same November 1 important date. Pennsylvania requires heat by November 15. These dates reflect regions where winter arrives early and stays long.

Southern and mid-Atlantic states set later dates or tie the requirement to outdoor temperature. Maryland requires heat by November 15. Virginia, North Carolina, and West Virginia do not have a statewide heat-on date but allow local jurisdictions to set their own, so you must check your city or county rules. California, which has milder winters, does not mandate a specific date but requires landlords to provide heat that maintains habitable conditions year-round.

If you do not know your state's rule, contact your local housing authority, tenant rights organization, or code enforcement office. Many cities post their heat requirements online, and staff can tell you the exact date and temperature your landlord must meet. Some jurisdictions also have a phone line you can call to report heat violations.

Temperature Requirements and How They Are Measured

Once heat is on, your landlord must maintain a minimum temperature inside your unit. The standard is 68 degrees Fahrenheit during daytime hours (usually 6 a.m. to 11 p.m.) and 62 degrees at night. Some states, including New York and Massachusetts, require 70 degrees during the day. A few states allow 65 degrees as the minimum. The temperature is measured inside your living space, not in hallways or common areas, though landlords must also heat those spaces to a safe level.

Temperature is typically measured using an ordinary household thermometer placed in the main living area, away from windows, doors, and heat sources. If you suspect your apartment is too cold, take a thermometer reading and write down the date, time, and temperature. Take a photo of the thermometer if possible. If the temperature is below the legal minimum, document it over several days to show a pattern rather than a single cold moment.

Some states allow a small variance—for example, 2 or 3 degrees below the minimum—if the landlord is actively trying to repair a broken heating system. However, if heat is off entirely or the system is broken and not being fixed, there is no acceptable variance. If your landlord claims the thermostat is set correctly but your unit is cold, a code enforcement officer can measure the actual temperature in your apartment to verify the complaint.

What to Do If Your Landlord Does Not Provide Heat

Start by sending a written request for heat repairs. Email, text, or a letter delivered in person works, but email or text is best because it creates a time-stamped record. Write the date, describe the problem (for example, "heat has not been on since November 5" or "temperature in living room is 60 degrees"), and ask for repairs within a specific timeframe, such as 24 or 48 hours. Keep a copy of your message. Do not rely on phone calls or verbal requests—written communication protects you if you later need to prove you asked for repairs.

If your landlord does not respond or repairs are not made within the required timeframe, contact your local code enforcement office or housing authority. Most jurisdictions have a phone line or online form to report heat violations. When you call or file a complaint, have ready: your address, the date heat stopped or became inadequate, the temperature you measured (if you have it), and the date you asked your landlord for repairs. Code enforcement will typically inspect your unit within a few days and issue a violation notice to your landlord if the heat is below legal minimum.

If code enforcement finds a violation, your landlord usually has 24 to 72 hours to fix it, depending on your state. If repairs are not made by the important date, your landlord may face fines. In the meantime, you have additional options depending on your state's tenant laws.

Your Legal Options: Rent Withholding, Repair-and-Deduct, and Breaking Your Lease

Rent withholding allows you to stop paying rent (or pay a reduced amount) if your landlord fails to provide heat. This is legal in many states, including New York, Massachusetts, Illinois, and California, but the rules vary. In New York, you can withhold rent if heat is below 55 degrees for more than four hours a day or eight hours total in a 24-hour period. In Massachusetts, you can withhold rent if heat is not provided by November 1 or if it falls below 68 degrees. Before withholding rent, check your state's specific rules and consider consulting a tenant rights organization, because withholding incorrectly can give your landlord grounds to evict you.

Repair-and-deduct allows you to pay for heat repairs yourself and deduct the cost from your next rent payment. This is legal in many states but not all, and the rules about what repairs may have access to and how much you can deduct vary widely. In some states, you must get your landlord's permission or give written notice before paying for repairs yourself. In others, you must prove the repair was necessary and the cost was reasonable. Again, check your state's rules or contact a tenant rights organization before using this option.

Breaking your lease

Documenting Heat Problems for a Complaint or Dispute

If you need to file a complaint or dispute with your landlord, documentation is essential. Start by recording the date and time heat stopped or became inadequate. Use a household thermometer to measure the temperature in your main living area and write down the reading. Take a photo of the thermometer showing the temperature and the date. Repeat this over several days if the problem continues, because a pattern is stronger evidence than a single reading.

Keep copies of all written communication with your landlord: emails, texts, letters, and photos of any written notes you left. If you called your landlord, write down the date, time, and what was said, and follow up with an email summarizing the conversation. Save any response from your landlord, even if it says repairs will be made "soon" without a specific date. If code enforcement inspects your unit, ask for a copy of the inspection report and violation notice.

If your landlord later claims you never reported the problem, your documentation proves otherwise. If you withhold rent or use repair-and-deduct, documentation shows your landlord had notice and time to fix the problem. If you need to break your lease, documentation supports your case that the apartment was uninhabitable due to lack of heat.

Heat Problems in Common Areas and Shared Spaces

Landlords must also heat common areas such as hallways, stairwells, lobbies, and laundry rooms. The temperature requirement for common areas is usually lower than for individual units—often 55 to 62 degrees—because these spaces are not occupied continuously. However, if a common area is so cold that it makes your unit harder to heat or creates a safety hazard, you can report it to code enforcement.

If your building has a shared heating system and one unit is cold while others are warm, the problem may be a blocked vent, a closed valve, or an imbalance in the system rather than a broken furnace. Ask your landlord to check your unit's heating vents and radiator valves to make sure they are open and unobstructed. If the system is balanced incorrectly, a technician can adjust it. Document this request in writing as well, in case the problem persists.

Frequently Asked Questions

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

Take a thermometer reading and compare it to your state's legal minimum. If the temperature is below the minimum, the heat is not adequate even if the system is running. The problem may be a weak furnace, poor insulation, blocked vents, or a thermostat that is not working correctly. File a complaint with code enforcement and request that your landlord have a technician inspect the heating system. Do not accept "the heat is on" as an answer if your unit is too cold.

Can my landlord turn off heat in spring before the required date?

Most states do not set a mandatory date for turning off heat, but many require heat to remain on until a certain date or until outdoor temperature stays above a threshold (for example, 55 degrees for seven consecutive days). Check your state's rules. If your landlord turns off heat too early and your apartment becomes cold, you can report it to code enforcement as a heat violation.

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

If heat is included in your rent, your landlord cannot charge you extra for using it. If your lease says heat is included, your landlord must provide it at the legal temperature regardless of how much you use. If your landlord tries to charge you extra, contact a tenant rights organization or code enforcement office.

How long does it take code enforcement to respond to a heat complaint?

Response time varies by jurisdiction. Many cities prioritize heat complaints during winter and inspect within 24 to 72 hours. Some may take longer if they are overwhelmed with complaints. When you file a complaint, ask how long the inspection typically takes. If your landlord is not providing heat and code enforcement is slow, you may have the right to withhold rent or repair-and-deduct depending on your state's laws.

Can I break my lease if my landlord provides heat but it is unreliable?

If heat is unreliable—meaning it works some days but not others, or the temperature fluctuates—you may have grounds to break your lease, but it depends on your state's rules and how severe the problem is. Document each instance the heat fails or the temperature drops below the legal minimum, and file a complaint with code enforcement. If code enforcement finds repeated violations, you have a stronger case for breaking your lease. Consult a tenant rights organization in your state for specific guidance.