In most of the United States, landlords have to turn on the heat during a locally defined “heating season,” which commonly runs from around October 1 through May 31, and they have to keep habitable rooms at a minimum indoor temperature once that season begins. The widely adopted standard is 68°F in every habitable room, bathroom, and toilet room. The exact start date, end date, and minimum temperature depend on your city or state housing code, not on your lease and not on the landlord’s preference.
When the Heating Season Starts in Your Area
There is no single federal date that tells every landlord in the country when to switch the heat on. Cities, counties, and states set their own heating season through local housing codes, and the range is wide. Most jurisdictions fall somewhere between October 1 and May 31, but several northern states treat heat as a year-round concern while some southern states limit the obligation to just a few winter months.
Federal energy assistance data gives a useful snapshot of the range. For fiscal year 2026, Minnesota and Ohio define their heating seasons as October 1 through May 31, while North Carolina’s runs only from December 1 through March 31. Montana, New Hampshire, and Vermont treat heating as year-round. Connecticut’s season stretches from November 1 through mid-June, and Kansas limits its heating period to late January through March.1LIHEAP Clearinghouse. State and Territory LIHEAP Program Duration: Heating, Cooling, and Crisis Those dates come from energy assistance schedules rather than landlord-tenant law directly, but they closely track each jurisdiction’s practical heating needs.
Your local housing code is the binding authority. Check with your city’s building department or housing authority for the exact dates that apply to your rental. If your lease references a heating season, that language matters too, but it cannot shorten or weaken the minimums your local code requires.
What Counts as Adequate Heat
The International Property Maintenance Code, which hundreds of jurisdictions have adopted as their local standard, requires landlords to keep all habitable rooms, bathrooms, and toilet rooms at a minimum of 68°F. In milder climates where the average monthly temperature stays above 30°F, the floor drops to 65°F.2International Code Council (ICC). 2021 International Property Maintenance Code Chapter 6 – Mechanical and Electrical Requirements Some cities adopt these numbers directly. Others set their own. A number of jurisdictions distinguish between daytime and nighttime requirements and allow the minimum to drop by a few degrees after 10 p.m.
There is one important weather exception. When the outdoor temperature drops below the locality’s “winter outdoor design temperature” (essentially the coldest weather the area’s heating systems are engineered for), the landlord is not penalized for falling short of 68°F indoors as long as the heating system is running at full capacity.2International Code Council (ICC). 2021 International Property Maintenance Code Chapter 6 – Mechanical and Electrical Requirements The system has to be working as hard as it can. A broken furnace does not get a pass just because the weather is extreme.
Underneath the code numbers sits a broader protection: the implied warranty of habitability, recognized in every state except Arkansas. The warranty exists automatically in every residential lease, cannot be waived by lease language, and treats adequate heat during cold weather as a core requirement. If a heating system fails and the landlord ignores it, the warranty is breached even if your lease never mentions heat at all.
The Landlord Has to Provide a Real Heating System
A landlord cannot hand you a space heater and call it a day. The International Property Maintenance Code specifically prohibits using cooking appliances or portable unvented fuel-burning space heaters as a means of providing required heating. The dwelling must have a permanent, installed heating system capable of maintaining 68°F based on the locality’s winter design temperature.3International Code Council (ICC). 2015 International Property Maintenance Code Chapter 6 – Section 602.2
A portable electric heater might serve as a stopgap while a furnace is being repaired. It does not satisfy the landlord’s legal obligation. If a landlord’s long-term solution to a broken boiler is a cheap space heater from a hardware store, that is a code violation you can report. These devices also create fire and carbon monoxide risks that can make a bad situation worse.
How Fast the Heat Has to Come Back On
When your heat goes out during the winter, the clock starts. Most jurisdictions treat a mid-winter heating failure as an emergency that demands faster action than a leaky faucet. Exact timelines vary by local law, but the general expectation is that landlords should restore heat within 24 hours during cold weather. For non-emergency repairs, such as a furnace that quits in July, landlords may have up to 30 days.
Put your complaint in writing immediately. Send a dated letter or email describing the problem, when it started, and the current indoor temperature. Certified mail with a return receipt creates the strongest paper trail, but a timestamped email beats a phone call that leaves no record. Take photos of your thermostat. Keep copies of everything. If you already notified your landlord verbally and nothing happened, a written follow-up establishes the timeline a court will care about later.
If a housing inspector has given the landlord a specific deadline to make repairs, that deadline generally controls. Courts treat an inspector’s timeline as a reasonable benchmark, and a landlord who misses it has a harder time arguing good faith.
What You Can Do If the Landlord Won’t Turn On or Fix the Heat
Tenants have several legal tools when a landlord refuses to provide heat. What is available depends on your state and local law, but the common options fall into a few categories.
File a Complaint With Your Local Housing Authority
This is usually the fastest path. A complaint to your local building department or housing authority can trigger an inspection, and many will dispatch an inspector the same day for emergency conditions like no heat in winter. If the inspector finds a violation, the landlord receives a notice to correct the problem by a specific deadline, with daily fines possible for continued noncompliance.
Tenants in HUD-insured or HUD-assisted properties can also call the federal Multifamily Housing Complaint Line at 1-800-685-8470 to report health and safety conditions, including heating failures. Staff forward serious complaints to the appropriate HUD field office.4U.S. Department of Housing and Urban Development. Multifamily Housing – Complaint Line
Withhold Rent Through an Escrow Process
A majority of states allow tenants to withhold rent when a landlord fails to maintain habitable conditions. In most of these states, you cannot simply stop paying and keep the money. The typical process requires written notice to the landlord, a reasonable period for repairs, and then depositing your rent into a court-supervised escrow account instead of paying the landlord directly. The court holds the money until repairs are made and may release some of it to cover alternative housing. Skip the exact procedure and a court may treat you as a tenant who just stopped paying, which can lead to eviction. Check your state’s rules first.
Repair and Deduct
Many states allow a “repair and deduct” remedy, where you hire someone to fix the heating problem and subtract the cost from your next rent payment. This usually requires prior written notice to the landlord and a waiting period. Some states cap the deduction at one month’s rent or a specific dollar amount. Keep every receipt.
Sue for Breach of the Warranty of Habitability
If other remedies fail, you can sue the landlord. Small claims court may be an option depending on the amount at stake. Damages can include the difference between the rent you paid and the reduced value of the apartment without heat, reimbursement for temporary housing or portable heaters, and in some states, statutory penalties. Most states also prohibit landlords from retaliating against tenants who exercise these rights, so an eviction attempt or rent increase that follows a heat complaint is itself a separate violation in most jurisdictions.
Break the Lease Through Constructive Eviction
If the lack of heat makes the apartment essentially unlivable and the landlord will not fix it after notice, you may be able to walk away from the lease entirely under a doctrine called constructive eviction. Courts have recognized failure to provide heating as conduct sufficient to support the claim.5Legal Information Institute. Constructive Eviction You generally have to show substantial interference with your use of the unit, notice to the landlord with a reasonable chance to fix the problem, and that you actually moved out within a reasonable time. This is powerful but risky: if a court later disagrees that the conditions rose to that level, you can be liable for the rest of the lease. Get legal advice before you vacate.
One More Thing: The Landlord Cannot Shut Off Utilities
Separately from the duty to provide heat, landlords in most states face severe consequences for deliberately shutting off utilities to pressure a tenant into leaving or to punish a tenant for complaining. This kind of self-help eviction is illegal virtually everywhere. A landlord who turns off the gas in January after you reported a code violation is breaking the law, and penalties can include fines, liability for your damages, and in some jurisdictions criminal charges.
Forty-two states also have cold weather disconnection policies that restrict utility companies from cutting off gas or electric service during the heating season or when temperatures drop below set thresholds, often even when the customer is behind on payments.6LIHEAP Clearinghouse. Disconnect Policies Some states tie the protection to specific calendar months, others to freezing temperatures.
Emergency Steps When You Have No Heat Right Now
A heating failure during dangerously cold weather is a health emergency, especially for young children, elderly residents, and people with chronic medical conditions. If your apartment temperature drops to unsafe levels and your landlord is unreachable or unresponsive, act now:
- Call 211. The United Way’s 211 helpline operates in most areas and can connect you with warming shelters, emergency energy assistance, and other local resources.
- Contact your local emergency management office. Many cities open warming centers during extreme cold events, with locations and hours posted on the city or county website.
- Call 911 if anyone shows signs of medical distress. Hypothermia can develop indoors. Watch for confusion, slurred speech, shivering, and drowsiness, and do not wait it out.
- Document everything. Timestamped photos of your thermostat, the outdoor temperature, and every attempt to reach your landlord all strengthen any claim you later pursue.
If you live in HUD-assisted housing, call the Multifamily Housing Complaint Line at 1-800-685-8470 to report the emergency.4U.S. Department of Housing and Urban Development. Multifamily Housing – Complaint Line For all other rentals, file a complaint with your local building department or housing authority. Many take complaints by phone and can send an inspector the same day for emergency conditions.