Are landlords required to provide heating? state and local rules

Last updated 2026-07-26

are landlords required to provide heating?

Yes. In almost every U.S. state, heat counts as a basic habitability requirement, the same legal bucket as running water and a sound roof. This comes from the "implied warranty of habitability," a legal doctrine that most state courts and legislatures have adopted since the 1960s and 70s, holding that a residential lease automatically includes a promise the unit is fit to live in ^[1]. What that means in practice differs by place. Some states set a statewide minimum temperature landlords must maintain. Others leave it to city or county building codes, which is why a lot of the specific numbers (68°F, 65°F, a heating season running October 1 to May 31) show up at the municipal level, not the state level. New York City is the clearest example. Under the NYC Housing Maintenance Code, during "Heat Season" (October 1 through May 31), landlords must keep indoor temperatures at least 68°F between 6 a.m. and 10 p.m. when it's below 55°F outside, and at least 62°F overnight regardless of outdoor temperature ^[2]. Chicago's municipal code sets a similar overnight standard: from September 15 to June 1, landlords must maintain at least 68°F during the day and 66°F between 10:30 p.m. and 8:30 a.m. ^[3]. If you're a small landlord in a city with mandatory rental licensing or inspection, heat compliance is usually checked as part of that inspection, not as a separate program. That's one more reason to treat your heating system as inspection-critical, not optional maintenance.

what temperature are landlords legally required to keep a rental?

New York City	68°F (6am-10pm, when outdoor temp is below 55°F)	62°F	Oct 1 - May 31	NYC Admin Code §27-2029 [2]
Chicago	68°F	66°F (10:30pm-8:30am)	Sept 15 - June 1	Chicago Municipal Code 5-12-110 [3]
Philadelphia	68°F (7am-11pm)	62°F	Oct 1 - Apr 30	Philadelphia Code §9-1804(6) [4]	Many other cities and some states set a general duty to provide "adequate heat" or "safe and functioning heating facilities" without naming a specific degree number, leaving enforcement to code officers using local building codes. If your city isn't on this list, don't assume there's no rule; call your city's rental licensing, code enforcement, or housing office and ask directly what temperature and date range apply.

There's no single national number. Cities that regulate this set their own minimum, and the two most common patterns are a daytime minimum around 68°F and a nighttime minimum in the low-to-mid 60s. Here's how a few well-documented cities compare. Treat this as illustrative, not exhaustive; your city's numbers may differ and you should confirm with your local building or housing department. | City | Daytime minimum | Nighttime minimum | Heating season | Source |

is there a federal law requiring landlords to provide heat?

No, not directly. There's no federal statute that sets a nationwide minimum rental temperature. Federal housing law does touch heat indirectly: HUD's Housing Quality Standards for federally assisted housing (used in the Section 8 Housing Choice Voucher program) require that a unit have "a heating system that can be operated safely" adequate for the climate, checked as part of HUD's inspection standards ^[5]. Outside of federally subsidized housing, heat requirements come from state landlord-tenant statutes, state housing codes, and city ordinances. That's a patchwork by design; states have generally left specific temperature thresholds to cities and counties because heating needs and building stock vary a lot between, say, Minneapolis and Phoenix.

what happens if a landlord doesn't fix a broken heater?

You're on notice as soon as a tenant reports no heat, and most jurisdictions treat lack of heat as an emergency repair, meaning the clock for a landlord's response is short, often 24 to 48 hours, not the 14 or 30 days allowed for non-emergency repairs. Consequences for ignoring it typically escalate through a few stages: a code violation notice and fine from the city, a tenant's right to withhold rent or "repair and deduct" under state law, and in serious or repeated cases, a habitability lawsuit or a rent abatement ordered by a judge. New York City, for instance, allows tenants to file an HP action (Housing Part case) in housing court specifically to force a landlord to restore heat, and the city's Department of Housing Preservation and Development can issue violations that carry civil penalties ^[6]. If you're a small landlord juggling a handful of units, the practical move is simple: treat any "no heat" call, especially between October and April, as same-day or next-day, even if it costs you an emergency service call fee. A busted heater in January is the fastest path to a code complaint, a fine, and an angry tenant testifying at your license renewal hearing.

are there exceptions to the heat requirement?

Some. Most cities' heat rules apply only during a defined heating season (commonly a version of October 1 through May 31, though this varies), so there's no violation for a chilly October evening before the season officially starts. Outside the heating season, or during unseasonably warm stretches within it, code enforcement typically doesn't act unless the outdoor temperature triggers the local threshold (NYC's rule kicks in only when it's below 55°F outside, for example) ^[2]. Another real-world exception: if the heating failure is caused by the tenant (they disconnected a unit, blocked a vent, or didn't pay a utility bill they were contractually responsible for), landlord liability gets murkier and depends on your lease terms and state law. And in owner-occupied buildings with shared heating systems, some local rules carve out different obligations, so check your specific ordinance rather than assuming a blanket exemption applies. None of this substitutes for reading your city's actual code language. General duty-of-habitability rules also mean that even a city without a numeric heat ordinance can still find a landlord liable for a broken furnace under general habitability law.

what other utilities and habitability items must landlords provide?

Heat is one item on a longer list. The implied warranty of habitability generally requires landlords to provide (or keep functioning): running water, both hot and cold; a functioning sewage or septic system; safe electrical wiring; weatherproofing (a roof and windows that keep out rain); and structural safety (no collapsing floors, stairs, or ceilings) ^[1]. Many cities fold heat, water, and structural checks into the same annual or biennial rental inspection tied to your license or registration. If you're prepping for one of those inspections, it helps to walk through the same checklist an inspector uses rather than guessing what they'll flag. That's exactly the gap our $79 City Rental License & Inspection Prep Packet is built to close: a structured way to check your unit against common inspection categories (heat, hot water, smoke and CO detectors, egress, electrical) before the city's inspector shows up, so you're not finding a dead thermostat the same day as your inspection.

what can a landlord look at during an inspection?

A rental inspector generally checks life-safety and habitability items: working smoke and carbon monoxide detectors, a functioning heating system, hot and cold running water, safe electrical outlets and panels, secure railings and stairs, window locks and screens, and clear emergency exits. Some cities also check for pest evidence, mold, peeling lead paint in pre-1978 buildings, and proper trash or recycling storage. What inspectors generally cannot do is search for unrelated things, like immigration documents, personal belongings, or anything outside the scope of the housing code they're enforcing. Most jurisdictions require the inspection to be tied to a specific code checklist, and landlords or tenants can usually request the inspector identify which code section they're checking under. Inspection scope and notice requirements vary a lot by city, so if you manage in a city with mandatory rental inspection, it's worth reading that specific ordinance rather than assuming it matches what you've heard about a neighboring city.

who is responsible for a rental property walk-through inspection in california?

In California, move-in and move-out inspections are primarily a landlord-tenant matter governed by state civil code, not a city inspector program (though some California cities layer on their own rental registration or inspection rules separately). Under California Civil Code §1950.5(f), a landlord must, upon the tenant's request, conduct an initial move-out inspection before the tenant vacates, give at least 48 hours' written notice of that inspection, and provide an itemized list of anticipated deductions so the tenant has a chance to fix issues before losing part of the security deposit ^[7]. That inspection is the landlord's responsibility to schedule and conduct, though the tenant has the right to be present. Separately, if your California city or county has its own rental inspection or licensing program (several do, including some with rent registration tied to it), that inspection is run by that city's building or code enforcement department, not by the landlord. Confirm with your city's rental licensing office whether a local program applies on top of the state deposit-inspection rule.

how much notice does a landlord have to give before entering?

It depends on your state, but 24 hours' written notice is the most common standard for routine entry (repairs, inspections, showings), and California's civil code sets exactly that: "the landlord shall give the tenant reasonable notice in writing... twenty-four hours shall be presumed to be reasonable notice" ^[8]. Some states allow less; a few require more. Emergency entry (a fire, a burst pipe, a gas leak) is typically exempt from advance-notice rules everywhere; you don't need to text your tenant 24 hours ahead of shutting off a flooding water line. Move-out inspections have their own notice rule in states that require them, often a separate 48-hour standard as in California ^[7]. Because notice periods differ by state and sometimes by city, don't rely on a number you saw for a different jurisdiction. Check your specific state's landlord-tenant statute or your city's rental ordinance before entering.

why do landlords require renters insurance?

Renters insurance protects the tenant's personal belongings and covers their liability if they cause damage or someone gets hurt in the unit, none of which your landlord policy covers. A landlord's own dwelling policy insures the building structure and the landlord's liability as owner, but it generally excludes the tenant's furniture, electronics, and clothing, and it doesn't cover a tenant's liability if their dog bites a guest or their candle starts a kitchen fire. Requiring renters insurance (where your state and lease allow it) shifts that risk to a separate policy instead of your landlord policy absorbing a claim or you eating an uninsured loss out of pocket. It's also cheap for tenants, commonly in the range of $15 to $30 a month depending on coverage and location, per typical insurance industry pricing data, though exact premiums vary by state, insurer, and coverage limits. If you require it, put it in the lease as a condition, not a suggestion, and ask for proof of an active policy at move-in and renewal.

what a landlord cannot do in ohio

Ohio's landlord-tenant law (Ohio Revised Code Chapter 5321) spells out specific things a landlord cannot do. A landlord cannot shut off utilities, change the locks, or remove a tenant's belongings to force them out; this is generally called a "self-help eviction" and Ohio law requires landlords to go through the court eviction (forcible entry and detainer) process instead ^[9]. A landlord also cannot retaliate against a tenant for reporting a code violation, joining a tenant union, or asserting a legal right, and Ohio law creates a presumption of retaliation if the landlord acts within roughly a defined period after the tenant's protected action ^[9]. Ohio landlords also have an affirmative duty under R.C. 5321.04 to keep the premises in a fit and habitable condition, comply with building and housing codes, keep common areas safe, and maintain heat, water, and other essential services in working order ^[10]. That statute is the direct legal hook Ohio tenants use if a landlord won't fix a broken furnace. Outside Ohio, most states have a parallel structure: a habitability duty statute plus a separate anti-retaliation and anti-self-help-eviction statute. The exact code numbers and notice periods differ, so check your own state's landlord-tenant act rather than assuming Ohio's numbers travel with you.

what rights do tenants have without a lease?

A tenant without a written lease, often called a month-to-month or "tenant at will," still has essentially all the same statutory protections as a tenant with a signed lease: the right to a habitable unit, protection from illegal lockouts and utility shutoffs, the right to proper notice before entry, and the right to proper notice before the tenancy ends. What they generally lose is a fixed lease term; either party can typically end a month-to-month tenancy with notice, commonly 30 days, though some states and cities require longer notice or just-cause reasons, particularly in jurisdictions with rent stabilization or just-cause eviction ordinances. An oral lease is also usually still enforceable as a contract for its basic terms (rent amount, unit, start date) in most states, even though it's harder to prove specifics later. If you're renting without a written lease, both sides are exposed to "he said, she said" disputes, which is exactly the situation nobody wants to be in during a habitability or heat dispute.

how to become a landlord (and what "landlording" actually means)

"Landlording" is the day-to-day work of owning and operating a rental: screening tenants, signing leases, collecting rent, handling maintenance calls, and keeping the property legal and habitable, including for things like heat, smoke detectors, and pest control. A "landlord" is simply the legal party (person or entity) that owns the property and rents it to a tenant in exchange for rent, with duties and rights defined by state landlord-tenant law and, often, city rental ordinances. Becoming a landlord practically means a short checklist: buy or convert a property that's legal to rent (check zoning and any owner-occupancy rules first), register or license the rental with your city if required (many mandatory-licensing cities charge somewhere in the range of $50 to a few hundred dollars per unit annually; confirm with your city rental licensing office for the actual fee), pass any required initial inspection, screen tenants under fair housing law, and sign a lease that matches your state's required disclosures (lead paint disclosure for pre-1978 units is federally required under 42 U.S.C. §4852d, for example ). After that, being a landlord is mostly maintenance and paperwork: responding to repair requests inside your state's required timeframe, renewing your rental license or registration on schedule, keeping records of inspections and repairs, and staying current on rent rules or ordinance updates in your city. If your city requires a rental license or periodic inspection, building a simple pre-inspection checklist (heat, hot water, smoke/CO detectors, egress, electrical) before your first inspection saves you a re-inspection trip and a second fee in nearly every city we've reviewed.

Frequently asked questions

Are landlords legally required to provide heat in every state?

Nearly all states require it through the implied warranty of habitability, but the specific temperature and heating-season dates are usually set by city or county code, not state law. Some states leave it entirely to local ordinance. Check your specific city's building or housing code, since there's no single national number.

What temperature is a landlord legally required to maintain?

There's no universal number, but common examples are New York City's 68°F daytime / 62°F nighttime standard during Heat Season (Oct 1-May 31) and Chicago's 68°F daytime / 66°F overnight standard (Sept 15-June 1). Confirm your own city's numbers with its housing or code enforcement office.

What should I do if my landlord won't fix the heat?

Report it to your city's code enforcement or housing department immediately; most cities treat no-heat calls as emergencies with a short response window (often 24-48 hours). Document the temperature and date with photos or a thermometer, and check your state law for rent withholding or repair-and-deduct rights.

Do landlords have to pay for the tenant's heating bill?

Not necessarily. Landlords must provide a working heating system, but who pays the utility bill depends on the lease. Many leases put heating utility costs on the tenant, especially in units with individual meters; shared or master-metered systems more often put the cost on the landlord. Check your specific lease terms.

How much notice does a landlord have to give before entering a rental unit?

Most states set 24 hours' written notice as the standard for routine entry; California's Civil Code §1950.5 presumes 24 hours is reasonable. Emergency situations (fire, flooding, gas leak) generally don't require advance notice. Some states or cities require longer notice, so confirm your specific state's landlord-tenant statute.

What can a landlord look at during a rental inspection?

Inspectors generally check life-safety and habitability items: heating system function, hot and cold water, smoke and CO detectors, electrical safety, stairs and railings, window locks, and clear exits. Some cities also check for pests, mold, and lead paint. Inspections are usually limited to the specific housing code the city is enforcing.

Who is responsible for a rental property walk-through inspection in California?

Under California Civil Code §1950.5(f), the landlord is responsible for scheduling and conducting a move-out inspection at the tenant's request, with at least 48 hours' written notice. If your city also has its own rental licensing or inspection program, that inspection is run separately by the city's code enforcement office.

What is landlording?

Landlording is the ongoing work of operating a rental property: tenant screening, lease administration, rent collection, maintenance and repairs, and keeping the unit compliant with local habitability and licensing rules, including heat, water, and safety systems.

What rights do tenants have without a signed lease?

Tenants without a written lease still get essentially the same statutory protections as tenants with a lease: habitability, protection from illegal lockouts, notice before entry, and notice before the tenancy ends. What changes is the lack of a fixed term; either side can typically end a month-to-month tenancy with notice, commonly 30 days, subject to local rules.

Why do landlords require renters insurance?

Renters insurance covers the tenant's personal property and their personal liability, neither of which the landlord's own dwelling policy covers. Requiring it (where allowed) shifts risk off the landlord's policy and reduces disputes over who pays when a tenant's belongings are damaged or a tenant causes an injury or fire.

What can't a landlord do in Ohio specifically?

Under Ohio Revised Code Chapter 5321, a landlord cannot shut off utilities, change locks, or remove belongings to force a tenant out (self-help eviction is illegal), and cannot retaliate against a tenant for reporting code violations or asserting legal rights. Ohio law also requires landlords to maintain heat and other essential services under R.C. 5321.04.

Is there a federal law that requires landlords to provide heat?

No federal statute sets a nationwide minimum rental temperature. HUD's Housing Quality Standards require a safe, operable heating system in federally assisted housing under the Housing Choice Voucher program, but private-market heat rules come from state and city law, not federal law.

Sources

1. Cornell Law School Legal Information Institute, Implied Warranty of Habitability: Description of the implied warranty of habitability as a legal doctrine requiring landlords to maintain fit and habitable premises
2. New York City Administrative Code §27-2029: NYC Heat Season minimum temperature requirements (68°F daytime, 62°F overnight, Oct 1-May 31)
3. Chicago Municipal Code 5-12-110: Chicago heating season minimum temperature requirements (68°F daytime, 66°F overnight, Sept 15-June 1)
4. Philadelphia Code §9-1804: Philadelphia heating season minimum temperature requirements (68°F daytime, 62°F overnight, Oct 1-Apr 30)
5. U.S. Department of Housing and Urban Development, Housing Quality Standards, 24 CFR §982.401: HUD Housing Quality Standards require a safe, operable heating system for Housing Choice Voucher units
6. California Civil Code §1950.5(f): California landlords must give at least 48 hours written notice for a move-out inspection and provide an itemized deduction list
7. California Civil Code §1954: California presumes 24 hours written notice is reasonable notice for landlord entry
8. Ohio Revised Code Chapter 5321: Ohio law prohibits self-help evictions (utility shutoff, lockouts, removal of belongings) and landlord retaliation against tenants
9. Ohio Revised Code §5321.04: Ohio landlords have a statutory duty to maintain heat and essential services and keep premises in a fit and habitable condition
10. 42 U.S.C. §4852d, Residential Lead-Based Paint Hazard Reduction Act: Federal law requires lead paint disclosure for pre-1978 residential rentals