In most U.S. cities, the temperature landlords have to keep apartments at is 68°F during daytime hours in heating season, with nighttime minimums commonly dropping to 62°F or 65°F depending on where you live. These numbers come from local housing codes, and they’re enforceable. A landlord who ignores them can face daily fines, repair orders, and lawsuits from tenants.
The exact figure in your city may differ by a few degrees, and some jurisdictions require 68°F around the clock. But the principle is the same everywhere: a rented home has to be warm enough to be safe, and the landlord is on the hook for making that happen.
Where the 68-Degree Rule Comes From
The International Property Maintenance Code, a model code adopted or adapted by hundreds of local jurisdictions, sets the baseline. Section 602.2 requires residential dwellings to have heating systems capable of maintaining 68°F in all habitable rooms, bathrooms, and toilet rooms during the heating season. In milder climates where the average monthly temperature stays above 30°F, the minimum drops to 65°F.1UpCodes. IPMC 2024 Chapter 6 Mechanical and Electrical Requirements
When the landlord supplies the heat directly, which is common in older buildings with central boilers, the code requires actual delivery of 68°F throughout the heating season, not just a system that could reach it in theory.1UpCodes. IPMC 2024 Chapter 6 Mechanical and Electrical Requirements The code also rules out workarounds: cooking appliances, portable unvented space heaters, and plug-in electric heaters don’t satisfy the heating requirement. If your landlord hands you a space heater and calls it fixed, that doesn’t meet code.
Your city or state may set numbers slightly different from the IPMC baseline. Some jurisdictions hold 68°F day and night. Others allow a nighttime drop to 62°F or 65°F. A handful tie the requirement to outdoor conditions rather than the clock. Check your local housing code for the exact figure, but assume there is one.
When Heating Season Applies
The minimum temperature only matters during a defined heating season. Most jurisdictions use calendar dates, with the most common window running from October 1 through May. Some cities start earlier or end later based on local climate.
A few jurisdictions use an outdoor temperature trigger instead of or alongside fixed dates. The most common trigger is 55°F: once outdoor temperatures drop below that mark, indoor heating requirements kick in regardless of the date. Some cities combine the two, applying the outdoor threshold during the day and a fixed overnight minimum throughout the season.
This matters when a landlord argues it’s “not cold enough yet” to turn on the heat. If your city uses calendar dates, October 1 means October 1. The landlord doesn’t get to wait for the first hard frost. If your city uses an outdoor threshold, a cheap outdoor thermometer and a timestamped photo make surprisingly effective evidence.
Why the Rule Is Enforceable Even If Your Lease Is Silent
The temperature minimums aren’t just technical building code numbers. They sit on top of a broader legal principle called the implied warranty of habitability, which most U.S. jurisdictions recognize.2Cornell Law Institute. Implied Warranty of Habitability Under this doctrine, every residential lease carries an unwritten promise that the landlord will keep the property safe and fit to live in, even when the lease itself says nothing about repairs or maintenance.
Habitability generally means substantial compliance with applicable housing codes or, where no specific code exists, with basic health and safety standards.2Cornell Law Institute. Implied Warranty of Habitability Adequate heat during cold months is one of the clearest examples. A landlord who fails to provide it breaches the warranty whether or not the lease mentions heating.
In most jurisdictions, this warranty can’t be waived. A lease clause saying “tenant accepts the unit as-is” or “landlord is not responsible for heating” is unenforceable. You get the protection by law, not by negotiation.
What to Do When Your Heat Fails
Most tenants wait too long to create a paper trail. Don’t. The moment your heat goes out or your apartment drops below the minimum, document it. Take timestamped photos of a thermometer in your living space. Note the date, time, and reading. If your thermostat logs data, save it.
Then notify your landlord in writing. A phone call is fine as a first step, but follow it with an email, text, or letter. Describe the problem specifically: “The apartment temperature has been 58°F since Tuesday morning. The radiators are cold.” Written notice starts the clock on the landlord’s obligation to act and gives you evidence if the dispute escalates.
A total loss of heat in cold weather is treated as an emergency almost everywhere. Non-urgent repairs may come with a 30-day window, but emergency heating failures typically require landlord action within 24 to 72 hours. Some local codes require faster response in dangerous cold. If your landlord is unreachable or stalling, don’t wait it out. File a complaint with your local housing authority or code enforcement office. In many cities, inspectors can be dispatched the same day for a no-heat call in winter.
Remedies When the Landlord Still Won’t Act
If written notice doesn’t produce results, you have options beyond sitting in the cold. The specifics vary by jurisdiction, so confirm your local rules before acting.
Rent Withholding
Many jurisdictions allow tenants to withhold rent when a landlord fails to maintain habitable conditions. The catch is procedural. Most places require you to deposit the withheld rent into an escrow account, sometimes court-supervised, rather than simply pocketing it. The escrow shows good faith: you aren’t trying to live rent-free, you’re pressuring the landlord to fix the problem. Withholding without following the proper steps can backfire and give the landlord grounds to evict you. Get clear on your local rules first.
Repair and Deduct
Some jurisdictions let tenants hire someone to fix the problem and deduct the cost from rent. This usually requires written notice to the landlord and a reasonable deadline to act first. Many places cap the deductible amount or limit how often you can use the remedy in a year. It works well for a broken thermostat or a failed igniter. It gets complicated for major system replacements that cost more than a month’s rent.
Constructive Eviction
When conditions get bad enough that the apartment is effectively uninhabitable, and no heat in deep winter qualifies, tenants may be able to break the lease without penalty under a doctrine called constructive eviction. The interference has to be serious enough to deprive you of the beneficial enjoyment of the unit, and you actually have to move out. Staying put and enduring the cold defeats the claim. Getting this wrong can leave you liable for the rest of the lease, so talk to a lawyer before walking away.
Filing a Code Enforcement Complaint
When private pressure fails, your local housing authority or health department is the next stop. Most cities accept complaints online, by phone, or in person, usually at no charge. No-heat complaints in cold weather are treated as urgent and jump the line ahead of routine inspections.
An inspector visits the property, checks the heating system, and measures indoor temperatures. If they find violations, they issue a written order to the landlord listing what needs fixing and setting a compliance deadline, often 30 days for routine issues and shorter for dangerous conditions. The order typically goes to the landlord and gets posted at the property.
If the landlord complies, the case closes. If not, enforcement escalates. Daily fines for a persisting heating violation commonly run from $250 to more than $1,000 per day. Some cities arrange emergency repairs through contractors and bill the landlord, plus administrative fees. In extreme cases, housing authorities can place a property into a rent escrow program where tenants pay rent to the city rather than the landlord until repairs are done. Persistent violators can face court proceedings, tax liens, or restrictions on their ability to rent properties.
Protection Against Retaliation
Tenants often hesitate to complain because they fear an eviction notice, a rent hike, or reduced services in response. Most states prohibit this. Anti-retaliation statutes typically create a presumption of retaliation if a landlord takes adverse action within a set window after a tenant complaint, commonly 90 to 180 days.3Cornell Law Institute. Retaliatory Eviction Inside that window, the burden shifts to the landlord to prove any eviction or rent increase was motivated by something unrelated to the complaint. Retaliation also works as a defense if the landlord files to evict you.
A few states, including Idaho, Indiana, Missouri, North Dakota, Oklahoma, and Wyoming, don’t have statutory anti-retaliation protections for tenants.3Cornell Law Institute. Retaliatory Eviction Common-law defenses may still apply, but the protection is weaker. Everywhere, your strongest shield is a well-documented complaint filed through official channels. A landlord retaliating against a tenant who filed a government code complaint is in a far worse legal position than one responding to a verbal thermostat argument.
A Note on Cooling and Maximum Temperatures
Heat minimums have been settled law for decades. Maximum temperature rules for cooling are newer and only exist in a handful of places. Arizona and Nevada require landlords to keep air conditioning in habitable condition, treating a broken AC much like a broken furnace. Maryland has a law effective June 1, 2026, requiring landlords of apartment buildings with 10 or more units to provide cooling from June through September, with indoor temperatures capped at 80°F. Los Angeles County has adopted an 82°F indoor maximum, with enforcement scheduled to begin in 2027.
Outside jurisdictions like these, there is usually no specific legal ceiling on indoor summer temperatures. Tenants may still have claims under the implied warranty of habitability if indoor heat reaches dangerous levels and the landlord won’t act, but the clear numerical rules that apply to winter heating generally don’t apply to summer cooling. Check your local code before assuming otherwise.