Last updated 2026-07-26
TL;DR
There's no single national heat law. Most heat ordinances live at the city or county level, and a common pattern is 68°F during the day and 55-65°F overnight, typically required from around October 1 through May 31. New York City, Chicago, and dozens of other cities each set their own numbers, so you have to check local code, not a national rule.
What temperature are landlords required to keep the heat at?
There is no federal heat law for rental housing. Heat minimums come from state building codes, local housing codes, or city ordinances, and the numbers differ from place to place. That's the honest answer, and anyone telling you a single national number is guessing or oversimplifying. The most common pattern in cities that do regulate this: 68°F (20°C) during daytime hours, and something in the 55°F to 65°F range overnight. New York City's rule is a good example of how these ordinances are usually written. Under the New York City Housing Maintenance Code, during the "Heat Season" (October 1 through May 31), if the outdoor temperature falls below 55°F between 6 a.m. and 10 p.m., indoor temperature must be at least 68°F. Overnight, between 10 p.m. and 6 a.m., indoor temperature must be at least 62°F regardless of outdoor temperature [1]. Chicago runs a similar structure but with slightly different thresholds. The Chicago heat ordinance requires landlords to maintain indoor temperatures of at least 68°F from 8:30 a.m. to 10:30 p.m., and at least 66°F from 10:30 p.m. to 8:30 a.m., during the heating season of September 15 through June 1 [2]. Other cities and states set their own version of this rule. Sometimes with different date ranges, different daytime/nighttime thresholds, or different trigger temperatures for when the requirement kicks in. If your city has a rental license or inspection program, the heat requirement is usually written into the same housing code chapter that covers registration and inspections, so check that chapter directly rather than relying on a general search result.
Is there a heating season, and when does it start and end?
Yes, in most cities that regulate heat, the requirement only applies during a defined "heat season" or "heating season," not year round. Outside that window, there's typically no minimum temperature requirement tied to outdoor conditions, though general habitability standards still apply. New York City's heat season runs October 1 through May 31 [1]. Chicago's runs September 15 through June 1 [2]. Those are two of the most commonly cited examples, but plenty of other cities set their own start and end dates, sometimes tied to a specific calendar date and sometimes tied to when the local weather service predicts sustained cold. The reason this matters for your maintenance calendar: if you own units in a mandatory heat season city, you generally need heating systems tested, serviced, and ready to go before the season legally starts, not scheduled for repair after the first tenant complaint lands. A boiler that fails on October 3rd in a city with an October 1 heat season start date is already a violation, and inspectors and code enforcement don't usually care that the part was on order.
What happens if a landlord doesn't provide adequate heat?
Consequences vary by city, but they generally fall into three buckets: fines, tenant remedies (like rent withholding or repair-and-deduct), and in serious or repeat cases, emergency repair orders where the city fixes the problem and bills the owner. In New York City, a documented heat or hot water violation can lead to civil penalties, and the city's Department of Housing Preservation and Development (HPD) can issue violations and, for hazardous or immediately hazardous conditions, correct the condition itself and charge the owner under the Housing Maintenance Code enforcement provisions [1]. Chicago's ordinance similarly authorizes fines for landlords who fail to maintain the required minimum temperatures during heating season [2]. Many states also treat lack of heat as a habitability issue separate from any city ordinance. A tenant without adequate heat may have remedies under the state's implied warranty of habitability, including in some states the right to withhold rent, repair the issue and deduct the cost, or terminate the lease, depending on how that state's landlord-tenant statute is written. If you're dealing with tenants raising habitability arguments and want to understand what obligations pair with heat rules, tenant rights covers the broader legal landscape tenants and landlords are both working within. If you've already gotten a notice or a fine tied to a heat violation, don't wait on it. Cities that run rental licensing programs often link unresolved violations to license renewal, meaning a heat complaint that sits unresolved can turn into a licensing problem months later.
Does a landlord have to provide heat if it's not in the lease?
In most cities and states with a housing code, yes, the heat requirement comes from the code itself, not from whether the lease mentions it. A lease can't waive a legal minimum standard. If your city's housing code says landlords must maintain 68°F daytime heat during heat season, that obligation exists whether or not your lease has a heat clause. That said, the lease still matters for practical things: who pays the utility bill, whether the unit has individual thermostats or central heat controlled by the landlord, and what maintenance access the landlord has to service the system. In self-contained apartments with landlord-controlled boilers, the responsibility is unambiguous. In situations where tenants control their own thermostat and pay their own gas or electric bill, some housing codes place the responsibility on the landlord to make sure the heating system is capable of reaching the minimum temperature, even if the tenant is the one adjusting the dial. If you're renting out a unit with no lease at all, or a tenant is staying month to month without a signed agreement, the underlying habitability and heat rules typically still apply. See the FAQ on tenant rights without a lease below, and the general breakdown in tenant rights.
How much notice does a landlord have to give before entering to fix heat?
Notice requirements for landlord entry are set by state law, not by the heat ordinance itself, and they vary widely. Many states require 24 hours' notice for non-emergency entry, though some allow less and a few specify longer windows. A broken furnace in the middle of winter often qualifies as an emergency repair, and most state landlord-tenant statutes carve out an emergency exception that allows entry without the standard advance notice when there's an immediate risk to health, safety, or property. That said, "emergency" isn't a blank check. Reasonable practice, even under an emergency exception, is to notify the tenant as soon as possible (a call or text before you or a technician shows up) rather than showing up unannounced with no communication at all. Because notice periods differ by state, confirm the specific number of hours required in your state's landlord-tenant statute before scheduling routine heating system inspections or seasonal furnace tune-ups. Don't assume the 24-hour standard applies everywhere; some states specify different windows or additional requirements like written notice.
What can a landlord look at during an inspection?
During a routine or licensing-related rental inspection, a landlord (or the city inspector, if it's a mandatory rental inspection program) is generally checking for health and safety code compliance: working smoke and carbon monoxide detectors, functioning heating and plumbing systems, secure locks, absence of pest infestation, adequate egress in case of fire, and structural issues like exposed wiring or water damage. What an inspection is not supposed to be is a search of the tenant's personal belongings. Inspectors and landlords conducting a walk-through are typically limited to visible conditions of the unit itself: the condition of walls, floors, windows, appliances, and safety equipment, not opening drawers, closets, or personal storage. If your city runs a mandatory rental inspection program tied to licensing, the inspection checklist is usually published by the city and worth reviewing before the inspector arrives, since checklists differ by jurisdiction. Heating system function is a standard inspection item in cities with a heat ordinance: inspectors will often check that the furnace or boiler is operational, that vents aren't blocked, and in some programs, that the system can actually reach the required minimum temperature. If you're prepping a unit for an inspection tied to a rental license, building a documented maintenance and repair record ahead of time (working thermostat, serviced furnace, dated inspection reports) tends to go a long way toward a clean pass. That's part of what our $79 City Rental License & Inspection Prep Packet is built to help with: a structured checklist so you're not guessing what the inspector wants to see.
Who is responsible for a rental property walk-through inspection in California?
In California, the landlord is responsible for conducting a move-in and move-out walk-through inspection if either party requests one, under California Civil Code Section 1950.5. The statute gives tenants the right to request an initial inspection before move-out, and if the tenant requests it, the landlord must notify the tenant of the date and time and give the tenant an opportunity to be present [3]. "The landlord shall give the tenant reasonable notice of the date and time of the initial inspection... and the tenant may be present during the inspection" is the practical requirement under Section 1950.5(f) [3]. Following that inspection, the landlord must provide the tenant an itemized statement of repairs or cleaning needed to avoid deductions from the security deposit, giving the tenant a chance to fix things before move-out. Separately, some California cities with their own rental inspection or licensing programs (sometimes called proactive rental inspection or systematic code enforcement) have city staff, not the landlord, conduct the code compliance walk-through. Those are two different kinds of inspections: the security-deposit walk-through under state law is the landlord's job, while a city rental-licensing inspection is conducted by the city's housing or code enforcement department. Confirm with your city's rental licensing office which kind of inspection applies to your situation.
What is landlording, and what is a landlord?
A landlord is a person or entity that owns residential or commercial property and rents it to a tenant in exchange for rent, under a lease or rental agreement. "Landlording" is the informal term for the overall practice of managing rental property: screening tenants, collecting rent, handling repairs, complying with housing codes, and managing the legal relationship between owner and tenant. Landlording covers a wide set of responsibilities beyond just owning a building. It includes complying with fair housing law, maintaining the property to meet local and state habitability standards, handling security deposits according to state rules, and, in mandatory rental-licensing cities, registering the property and passing periodic inspections. Cities that require rental licensing typically define what counts as a "landlord" or "owner" in their municipal code, sometimes including property managers and agents acting on the owner's behalf. If you're new to this and looking for a starting framework, our related pages on landlord landlords and landlord walk through the basics of the role and the legal relationship with tenants.
How do you become a landlord, and how do you actually do it well?
Becoming a landlord legally usually requires four things: owning or having legal authority over rental property, complying with any state or local landlord licensing or registration requirements, screening and signing a compliant lease with a tenant, and setting up systems to handle rent collection, maintenance, and code compliance on an ongoing basis. Many cities require landlords to register rental property with the city, get a rental license, or pass a habitability inspection before renting the unit out, and this is separate from any state-level real estate or business licensing. Confirm with your city rental licensing office whether registration or a rental license is required before you list a unit, because operating an unlicensed rental in a city that requires one can result in fines even if the unit itself is in good condition. Doing it well, practically, means a few habits: know your state's habitability and notice-of-entry rules cold, keep a maintenance log with dates and receipts, understand your city's heat ordinance and inspection checklist if one applies, and require renters insurance (see next section) so a pipe burst or a fire doesn't turn into a dispute over who pays for the tenant's damaged belongings. New landlords with one or two units often underestimate how much of the job is documentation and code compliance rather than just collecting rent.
Why do landlords require renters insurance?
Landlords require renters insurance mainly to shift liability and property-damage risk away from the landlord's own policy. A landlord's property insurance typically covers the building structure, not the tenant's personal belongings, and it generally doesn't cover a tenant's liability if the tenant (or their guest, or their pet) causes an injury or damages someone else's property. Renters insurance covers the tenant's personal property against things like fire, theft, and certain water damage, and it includes personal liability coverage, meaning if the tenant accidentally starts a kitchen fire that damages a neighboring unit, the tenant's policy (not the landlord's) is the first line of financial responsibility. Requiring it is a landlord risk-management decision, not something imposed by federal law, though some states and cities do specifically authorize landlords to require it as a lease condition. Renters insurance is also cheap relative to what it covers. National average costs for a standard renters insurance policy are commonly cited in the range of roughly $15 to $30 a month depending on coverage amount, location, and deductible, though actual quotes vary by insurer and by state. If you require it, get it in writing as a lease condition and ask for proof of active coverage before move-in and periodically during the tenancy, since policies lapse without renewal reminders.
What can a landlord not do in Ohio?
Ohio's landlord-tenant law, codified at Ohio Revised Code Chapter 5321, sets out specific things landlords cannot do. Landlords cannot retaliate against a tenant for exercising legal rights, such as complaining to a code enforcement agency or joining a tenants' union; cannot shut off utilities, change locks, or remove a tenant's belongings to force them out (a "self-help" eviction) instead of filing a formal eviction action in court; and cannot enter the rental unit without reasonable notice except in an emergency. Under Ohio Revised Code 5321.04, landlords must maintain the premises in a fit and habitable condition and keep all electrical, plumbing, heating, and other facilities in good working order, meaning a landlord who ignores a broken furnace in winter isn't just risking a habitability complaint, they're potentially violating a specific statutory maintenance duty [4]. Ohio Revised Code 5321.02 separately prohibits retaliatory conduct, including retaliatory eviction or rent increases aimed at a tenant who has complained about code violations [5]. Ohio law also requires landlords to give reasonable notice, generally interpreted in Ohio as 24 hours, before entering an occupied unit for non-emergency purposes, consistent with the general notice standard found in many states' landlord-tenant statutes.
What rights do tenants have without a lease?
Tenants without a written lease, sometimes called month-to-month tenants or tenants-at-will, still have legal rights under state landlord-tenant law and local housing codes. The absence of a written lease doesn't strip a tenant of habitability protections, notice-of-entry rights, or protection against illegal self-help eviction; those come from statute, not from the lease document. Without a written lease, the tenancy is typically treated as month-to-month, meaning either party generally needs to give notice to end it, commonly 30 days, though the exact requirement depends on state law and sometimes on how long the tenant has lived there. The landlord still must maintain the unit in habitable condition, still must follow the state's required notice period before entering, and still must go through the formal eviction process in court rather than changing locks or shutting off utilities. This matters directly for the heat question: a tenant living without a written lease in a city with a heat ordinance is still entitled to the same minimum heat requirement as a tenant with a signed twelve-month lease. The ordinance attaches to the unit and the tenancy, not to the paperwork. For a broader look at protections that apply regardless of lease status, see tenants rights and renters rights.
Frequently asked questions
What temperature is a landlord legally required to keep an apartment at?
It depends on your city. There's no federal minimum. Common patterns include New York City's 68°F daytime / 62°F overnight rule during its October 1 to May 31 heat season [1], and Chicago's 68°F daytime / 66°F overnight rule from September 15 to June 1 [2]. Check your specific city's housing code for the exact number.
Is there a national law on rental heat requirements?
No. Heat requirements come from city ordinances, county codes, or state housing codes, not federal law. That's why the required minimum temperature and the heat season dates differ so much between cities like New York and Chicago, and why many smaller cities have no specific heat ordinance at all, relying instead on general habitability standards.
What happens if my landlord won't fix the heat in winter?
In cities with a heat ordinance, you can typically file a complaint with the local housing or code enforcement department, which can issue violations and, for hazardous conditions, correct the problem and bill the owner [3]. Many states also allow habitability remedies like repair-and-deduct or rent withholding, depending on your state's landlord-tenant statute.
How to become a landlord?
Own or control rental property, comply with any state or local licensing/registration requirements, sign a legally compliant lease, and set up systems for rent collection and maintenance. Many cities require rental registration or a license before you can legally rent a unit, so confirm with your city rental licensing office before listing the property.
Who is responsible for a rental property walk-through inspection in California?
Under California Civil Code Section 1950.5, the landlord is responsible for conducting the move-out walk-through inspection if the tenant requests one, and must give the tenant reasonable notice and a chance to be present [4]. Separately, some California cities run their own rental-licensing inspections conducted by city staff, not the landlord.
What is landlording?
Landlording is the overall practice of owning and managing rental property: screening tenants, collecting rent, maintaining habitability, handling security deposits, and complying with local rental licensing and inspection requirements. It's the informal umbrella term for everything the landlord role involves, not a legal term itself.
What is a landlord?
A landlord is a person or entity that owns rental property and leases it to a tenant in exchange for rent. Landlords have legal duties under state landlord-tenant law and local housing codes, including maintaining habitable conditions, respecting notice-of-entry rules, and, in many cities, registering the property under a rental licensing program.
What rights do tenants have without a lease?
Tenants without a written lease still have habitability rights, notice-of-entry protections, and protection from illegal self-help eviction under state law. The tenancy is usually treated as month-to-month, and heat ordinances and other housing code protections apply regardless of whether there's a signed lease document.
Why do landlords require renters insurance?
Landlords require renters insurance to shift liability and personal-property risk to the tenant's own policy. A landlord's property insurance generally doesn't cover a tenant's belongings or the tenant's personal liability if they cause damage or injury, so renters insurance fills that gap and reduces disputes after fires, water damage, or accidents.
How much notice does a landlord have to give before entering a unit?
It varies by state; many require at least 24 hours' notice for non-emergency entry, though the exact number and format (written vs. verbal) differs. Emergency repairs, like a broken furnace during heat season, are typically exempt from the standard notice requirement, but confirm the specific rule in your state's landlord-tenant statute.
What can a landlord look at during an inspection?
Inspectors and landlords conducting a routine or licensing inspection generally check visible unit conditions: smoke and CO detectors, heating and plumbing systems, locks, pest evidence, and structural issues. They're not supposed to search personal belongings like drawers or closets; the focus is code compliance, not a search of tenant property.
What can a landlord not do in Ohio?
Under Ohio Revised Code Chapter 5321, landlords cannot retaliate against tenants for exercising legal rights, cannot use self-help eviction (changing locks or shutting off utilities), and cannot enter without reasonable notice except in an emergency [5][6]. They also must keep heating, plumbing, and electrical systems in good working order.
Does a landlord have to provide heat if it's not written in the lease?
In most cities with a heat ordinance or housing code minimum, yes. The requirement comes from the code, not the lease, and a lease can't waive it. Whether the tenant or landlord pays the utility bill is a separate lease matter, but the underlying duty to provide adequate heat generally still applies.
Sources
- New York City Administrative Code Section 27-2029: NYC's 68°F daytime / 62°F overnight heat rule and October 1 to May 31 heat season
- Municipal Code of Chicago, Chapter 17-13 (Heat Ordinance, Minimum Temperatures): Chicago's 68°F daytime / 66°F overnight heat requirement and September 15 to June 1 heating season
- California Legislative Information, Civil Code Section 1950.5: Landlord must conduct move-out walk-through inspection on tenant request and give reasonable notice
- Ohio Legislature, Ohio Revised Code 5321.04: Ohio landlords must maintain heating, plumbing, and electrical systems in good working order
- Ohio Legislature, Ohio Revised Code 5321.02: Ohio law prohibits retaliatory conduct against tenants who report code violations