A landlord is required to turn on the heat once the local heating season begins — most commonly sometime in October — or whenever outdoor temperatures fall below a set trigger, and from that point on the heating system must be able to hold habitable rooms at a minimum of 68°F during the day. The exact dates, temperatures, and triggers depend on your state, county, or city, but the 68°F benchmark is nearly universal because most jurisdictions base their housing codes on the same model code.
When the Heating Season Starts
Most jurisdictions define a “heating season” during which the landlord is legally required to supply heat. The most common window runs roughly from October through May. Colder climates sometimes start earlier, around mid-September, and warmer regions may define a shorter season or skip a formal calendar season entirely and rely on temperature triggers instead.
Some areas tie the obligation to outdoor conditions rather than dates. A typical trigger requires the landlord to provide heat whenever the outside temperature drops below 55°F. Others use a sustained-cold test, requiring heat when outdoor temperatures stay below a threshold for several consecutive hours. If your jurisdiction uses both a heating season and a temperature trigger, you generally have to meet both before the duty kicks in.
Check your city or county housing code for the exact dates and triggers that apply where you live. The duty itself is almost always there; the calendar varies.
How Warm the Landlord Has to Keep It
The standard you’ll run into most often is 68°F during daytime hours, generally defined as 6:00 a.m. to 10:00 p.m. Many jurisdictions allow a slightly lower overnight minimum between 10:00 p.m. and 6:00 a.m., commonly 62°F to 65°F. The reasoning is that people sleep under blankets, but the temperature still can’t fall to a point that endangers health.
Some cities set a single around-the-clock standard. A few require 70°F in habitable rooms whenever the tenant doesn’t control the thermostat. Others set 65°F as the minimum in milder climates where the average monthly winter temperature stays above 30°F.1International Code Council. IPMC 2021 Chapter 6 Mechanical and Electrical Requirements
The 68°F benchmark itself comes from the International Property Maintenance Code, a widely adopted model code. It requires every dwelling to have heating facilities capable of maintaining 68°F in all habitable rooms, bathrooms, and toilet rooms, measured three feet above the floor and two feet inward from exterior walls.1International Code Council. IPMC 2021 Chapter 6 Mechanical and Electrical Requirements
There is one narrow exception for truly extreme cold. When the outdoor temperature falls below the “winter outdoor design temperature” for your area, the landlord only has to run the system at full capacity, even if the building can’t quite reach 68°F inside.1International Code Council. IPMC 2021 Chapter 6 Mechanical and Electrical Requirements That is not a loophole for a poorly maintained boiler. It applies to genuine cold snaps that exceed what heating systems are designed to handle.
Why does any of this hold up as law? Nearly every state recognizes an implied warranty of habitability. By renting you a place to live, a landlord implicitly promises it will actually be livable, whether the lease spells that out or not. Working heat is one of the core requirements, and most state landlord-tenant statutes now put it in writing.
Who Pays for the Fuel
The default rule in most places is that the landlord provides and maintains the heating system and pays for the fuel unless the lease explicitly shifts fuel costs to the tenant. Many leases do exactly that, particularly in single-family rentals or buildings where each unit has its own furnace and thermostat. Shifting fuel costs is generally legal. Shifting the obligation to maintain the equipment is not. A broken furnace is always the landlord’s problem, even when you pay the gas bill.
Tenants have obligations too. Report heating problems promptly, don’t tamper with the system, and use energy reasonably. If you break a window and cold air overwhelms the furnace, or you damage the thermostat, you may be on the hook for repair costs. Normal wear and tear falls on the landlord.
Space Heaters Do Not Satisfy the Requirement
This is where some landlords try to cut corners. The model property maintenance code explicitly prohibits using portable space heaters to satisfy the heating requirement. It also bans portable unvented fuel-burning heaters, meaning kerosene and propane models, entirely in dwellings, and prohibits using cooking appliances like ovens as a heat source. Federal housing regulations take the same position, banning unvented gas, oil, or kerosene space heaters in any HUD-assisted unit.2eCFR. 24 CFR 5.703 – Physical Condition Standards for HUD Housing
If your landlord drops off a space heater and calls it a day, that does not satisfy the legal obligation. A space heater can bridge a short gap while an actual repair is arranged. It is never a permanent substitute.
What to Do If the Heat Isn’t On
Order matters here. Doing these steps in sequence protects your legal position if things escalate.
Put the Complaint in Writing
Send your landlord written notice by email, text, or certified mail. A phone call might get a faster response, but always follow up in writing so you have a record. Describe the problem precisely: “No heat in the apartment since Tuesday, indoor temperature reading 54°F at 8:00 a.m.” Photograph your thermostat. If you have a standalone thermometer, log the temperature a few times a day with timestamps. Keep copies of every message. That paper trail is the foundation for every remedy that follows.
Give a Reasonable Time to Fix It
How much time counts as reasonable depends on severity. A total loss of heat in January is a genuine emergency, and most jurisdictions treat it as one, expecting repairs within 24 to 48 hours. A thermostat running a few degrees low in October might get a longer window. If your lease specifies a timeline for emergency repairs, follow it.
Call Code Enforcement
Every city and county has a code enforcement or housing inspection office. File a complaint. An inspector can cite the landlord for housing code violations, which often carry daily fines that pile up until the problem is fixed. It costs you nothing and creates an official government record. Look up your local building or housing department online, or call 311 if your city has it.
Legal Remedies If Nothing Else Works
Most states give tenants several options when a landlord won’t restore heat:
- Rent withholding. Many states let you stop paying rent when your home is uninhabitable due to a heating failure. Some require you to deposit the withheld rent into a court-supervised escrow account. You typically have to show you notified the landlord, gave reasonable time for repair, and didn’t cause the problem. Don’t withhold rent without understanding your state’s specific rules, because getting it wrong can lead to eviction.
- Repair and deduct. Some states let you hire someone to fix the heating system and subtract the cost from your next rent payment. Dollar limits vary, and you usually need written permission or a specific notice procedure first. Keep every receipt.
- Constructive eviction. If the lack of heat is so severe that the apartment is essentially unlivable, you may be able to move out and stop paying rent entirely. This requires three things: the landlord substantially interfered with your ability to live there, you gave notice and reasonable time to fix it, and you actually vacated within a reasonable time after the landlord failed to act. If you stay, you generally can’t claim constructive eviction.
- Lawsuit for damages. You can sue for actual losses caused by the heating failure: the cost of running space heaters, a hotel stay, damaged property from burst pipes, medical bills. Some jurisdictions also allow rent abatements and punitive damages for willful violations.
Your Landlord Cannot Retaliate
Landlords cannot legally retaliate against you for filing a heating complaint, contacting code enforcement, or using any of the remedies above. Retaliation includes raising your rent, cutting services, or trying to evict you. Most states have anti-retaliation statutes that create a presumption of retaliation if the landlord takes adverse action within a certain period after your complaint. If it happens, that’s a separate legal claim you can raise.
Extra Protections in Subsidized Housing
If you live in public housing or receive a Housing Choice Voucher (Section 8), federal rules add another layer. HUD’s physical condition standards require a permanently installed heating source in every unit located in a climate zone designated by the Secretary, and prohibit unvented gas, oil, or kerosene space heaters throughout HUD-assisted properties.2eCFR. 24 CFR 5.703 – Physical Condition Standards for HUD Housing
For public housing specifically, HUD guidance sets a minimum indoor temperature of 68°F when the housing authority controls the heat. When residents control their own thermostat, the equipment must be capable of reaching 68°F. Indoor temperatures in any occupied unit should never drop below 55°F. If your public housing unit falls short, you can report the issue to your local housing authority and, if needed, file a complaint with HUD’s Office of Inspector General.