Are landlords required to provide heat? state and city rules

Last updated 2026-07-26

are landlords required to provide heat?

Yes. In almost every U.S. state, heat counts as a basic habitability requirement, meaning a rental unit isn't legally livable without a working heating system during cold months. This comes from two overlapping sources: state landlord-tenant statutes and the implied warranty of habitability, a legal doctrine that most state courts and legislatures have adopted since the 1970s. The warranty of habitability generally requires landlords to keep rentals "fit for human habitation," and heat is almost universally read into that standard. Some states spell it out directly. New York's Multiple Dwelling Law, for example, requires owners of covered buildings to maintain indoor temperatures of at least 68°F during the day and 62°F at night when outdoor temps drop below certain thresholds during "Heat Season" (October 1 to May 31) ^[1]. City ordinances often go further than state law, setting exact degree minimums, specific date ranges, and inspection or complaint procedures. If you own in a city with mandatory rental registration or licensing, check your city's rental licensing office for the local heat ordinance before assuming state minimums apply as-is.

what temperature are landlords legally required to keep a rental?

New York City	68°F (6am-10pm, when outdoor temp under 55°F)	62°F (10pm-6am)	Oct 1 - May 31 [1]
Chicago	68°F (8:30am-10:30pm)	66°F	Sep 15 - Jun 1 [2]
Philadelphia	68°F	not separately specified	Oct 1 - Apr 30 [3]	If your city isn't listed here, don't guess. Pull the exact ordinance language from your local housing code or confirm with your city rental licensing office, because even neighboring cities in the same state can set different degree thresholds and season dates.

There's no single national number. Each state or city sets its own minimum, and the range typically runs from 65°F to 70°F during daytime hours, with lower minimums allowed overnight. New York City's Housing Maintenance Code requires 68°F indoors between 6 a.m. and 10 p.m. when outdoor temperature falls below 55°F, and 62°F overnight (10 p.m. to 6 a.m.) regardless of outdoor temperature, during Heat Season, October 1 through May 31 ^[1]. Chicago's Municipal Code sets a similar standard: 68°F during the day (8:30 a.m. to 10:30 p.m.) and 66°F at night, from September 15 through June 1 ^[2]. Philadelphia requires landlords to maintain at least 68°F from October 1 through April 30 under its Property Maintenance Code ^[3]. Here's a comparison of a few well-documented city standards: | City | Daytime minimum | Nighttime minimum | Heating season |

what happens if a landlord doesn't provide heat?

Consequences range from a repair order to real money damages, and in serious cases, criminal citations against the landlord. Most cities let tenants file a complaint with the local housing or code enforcement department, which triggers an inspection, often within 24 to 72 hours for heat complaints since it's treated as an emergency habitability issue. In New York City, HPD (Housing Preservation and Development) can issue violations and pursue penalties against building owners who fail to provide required heat, and repeated or willful violations can lead to civil penalties per violation per day ^[1]. Chicago's ordinance similarly allows fines for violations of the heat requirement under its Municipal Code ^[2]. Tenants in many states also have self-help remedies: rent withholding, "repair and deduct" (paying for a fix and deducting the cost from rent), or moving out under constructive eviction if heat failure makes the unit unlivable. These remedies vary a lot by state, and a few states don't allow rent withholding at all without a court order, so tenants and landlords should both check state-specific statutes rather than assuming a rule that applies elsewhere. For landlords, a heat complaint that turns into a documented ordinance violation can also complicate rental license renewal in cities that tie licensing to code compliance. That's the kind of paper trail you don't want piling up before an inspection.

does a landlord have to pay for heat, or just provide the equipment?

This depends entirely on the lease and local law. In most states, the landlord's core legal duty is to provide a functioning heating system, not necessarily to pay the utility bill for fuel or electricity to run it, unless the lease says otherwise or a local ordinance requires it. Many multi-unit buildings with a single boiler or shared HVAC system are landlord-paid by necessity, since tenants have no way to control or meter their own usage. In those buildings, the temperature minimums under city code (like NYC's 68°F/62°F standard) fall squarely on the landlord because the landlord controls the system ^[1]. In buildings where each unit has its own thermostat, meter, and furnace or heat pump, leases commonly shift the utility cost to the tenant. But the landlord is still on the hook for keeping the equipment itself in working order: a functioning furnace, functioning gas or electric hookup, and no structural issues (broken windows, missing insulation) that make it impossible to reach code-required temperatures even with a working system. Read your lease carefully and check state law before assuming either way. Some states, like Massachusetts, require landlords to maintain heating facilities capable of providing the mandated temperature regardless of who pays the fuel bill ^[4].

what can a landlord look at during an inspection?

During a routine or complaint-driven habitability inspection, code officers generally check life-safety and health items: working heat and hot water, smoke and carbon monoxide detectors, electrical and plumbing condition, structural issues (holes, mold, pest infestation), egress windows, and, in rental-licensing cities, whatever specific checklist the local ordinance requires (handrails, window guards, lead paint disclosure compliance, and so on). Inspectors are not typically there to judge your housekeeping or personal belongings if you're inspecting as a landlord doing your own walk-through, but city code inspectors absolutely can cite unsafe conditions they observe, even ones unrelated to the original complaint, if those conditions violate the housing code. That's worth knowing before you request or accept a heat-related inspection: it can turn into a broader punch list. For landlords managing their own compliance ahead of a scheduled city inspection, a written pre-inspection checklist matched to your specific city's ordinance saves a lot of stress. That's the exact gap the $79 City Rental License & Inspection Prep Packet is built to fill: a document that walks you through what your city's inspector is likely checking, based on published municipal code categories, before the actual inspection date.

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

In California, the landlord is generally responsible for arranging and documenting move-in and move-out walk-through inspections, though the tenant has the right to participate. California Civil Code Section 1950.5 requires landlords to offer tenants an initial inspection before move-out (upon request) so tenants get a chance to fix any deficiencies before final deposit deductions are calculated ^[5]. That statute specifically covers the security deposit itemization process: if the landlord conducts a move-out inspection, the tenant must be given an itemized statement of deductions, and if repairs are needed, the tenant must get a reasonable opportunity to remedy them before move-out to avoid the deduction ^[5]. Separately, cities with mandatory rental inspection programs (some California cities have proactive rental inspection or Rent Escrow Account Program-style ordinances) send their own government inspector, not the landlord, to check code compliance. That's a distinct process from the landlord-tenant move-in/move-out walk-through under Civil Code 1950.5, and the responsible party differs: the landlord handles the deposit-related walk-through, while a city employee or contracted inspector handles the code compliance inspection under a local ordinance.

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

Notice requirements vary by state, but 24 hours' written notice is the most common standard for non-emergency entry, including routine inspections. California requires "reasonable notice," which state law presumes to be 24 hours in most circumstances, under Civil Code Section 1954 ^[6]. Some states require more: for example, several set 48 hours as the standard notice period for entry to show a unit to prospective tenants or buyers. Other states don't set a specific number of hours by statute at all, just requiring "reasonable" notice, which leaves room for dispute if it's ever challenged. Emergencies are the standard exception nationwide: no notice is required if the landlord reasonably believes there's an emergency threatening health or safety (a gas leak, fire, or a heat outage in freezing weather that risks pipe damage or tenant health, arguably counts). Always check your specific state's notice statute language rather than assuming the 24-hour rule applies everywhere, since the number, the allowed entry purposes, and the exceptions differ state to state.

why do landlords require renters insurance?

Landlords require renters insurance mainly to shift financial risk for the tenant's personal property and liability away from the landlord's own policy. A landlord's property insurance covers the building structure, not the tenant's furniture, electronics, or clothing, and it generally doesn't cover a tenant's liability if the tenant accidentally causes a fire or water damage that harms another unit or a guest. Requiring renters insurance, commonly with a modest minimum liability limit like $100,000 or $300,000, gives the landlord a second layer of protection: if a tenant's negligence (a candle fire, an overflowing tub) damages the building, the tenant's renters insurance may cover the landlord's repair costs instead of the landlord's own insurer paying out and raising the landlord's premiums. It's a lease term, not a law, in most states. Landlords can require it as a condition of the lease, similar to requiring a security deposit, but there's generally no statute mandating it. Some states do cap what a landlord can charge if they offer a "waiver fee" in lieu of tenant-purchased insurance, so check state law before adding that kind of fee structure to a lease.

what a landlord cannot do in ohio

Ohio's landlord-tenant law, chapter 5321 of the Ohio Revised Code, spells out both what landlords must do and what's off-limits. A landlord cannot shut off utilities, remove doors or windows, or otherwise force a tenant out without going through the formal eviction process in court, commonly called "self-help eviction," and Ohio law prohibits it ^[7]. Ohio Revised Code Section 5321.04 requires landlords to keep the premises in a safe and habitable condition, including maintaining electrical, plumbing, and heating systems supplied by the landlord in good working order ^[7]. A landlord who deliberately cuts off heat as a way to pressure a tenant to leave isn't just violating habitability law, they're risking a wrongful lockout claim, since Ohio courts treat utility shutoffs used to force move-out as a form of illegal self-help eviction. Ohio also restricts retaliatory conduct: under ORC 5321.02, a landlord generally cannot raise rent, reduce services, or start eviction proceedings in retaliation for a tenant reporting a code violation or exercising a legal right (like requesting repairs) ^[8]. If a tenant complains about lack of heat and the landlord responds with a rent increase or an eviction notice shortly after, that timing alone can support a retaliation claim in Ohio.

what is landlording, and what is a landlord?

A landlord is the owner (or an authorized agent of the owner) of real property who rents that property to someone else, called a tenant, in exchange for rent, under a lease or rental agreement. "Landlording" is the informal term for the ongoing work of managing rental property: collecting rent, handling repairs, screening tenants, staying current on local ordinances, and responding to complaints. It's a legally defined relationship, more than a financial one. Once you sign a lease with a tenant, state landlord-tenant law and, in licensing cities, local rental ordinances attach specific duties to you automatically, regardless of whether you wrote them into the lease. Heat, working plumbing, safe electrical systems, and structural soundness are baseline duties in nearly every U.S. jurisdiction, flowing from either statute or the implied warranty of habitability. Landlording also means paperwork most new owners underestimate: rental registration in cities that require it, business licenses in some jurisdictions, annual or biennial inspections tied to your rental license, lead paint disclosures for pre-1978 housing under federal law, and habitability compliance you can be cited for even without a tenant complaint, if your city does proactive inspections.

how to become a landlord (and how to actually run it well)

Becoming a landlord legally usually means four things: owning or controlling rentable real property, complying with your state's landlord-tenant statute, registering the rental with your city if it requires rental registration or licensing, and drafting or using a lease that meets your state's disclosure requirements (lead paint, security deposit handling, and so on). Most states don't require a special "landlord license" to rent out a single property you own. Cities are a different story. A growing number of U.S. cities, especially those with older rental housing stock, require a rental license, periodic inspection, or registration fee before you can legally lease a unit, and renting without one can mean fines or an inability to collect rent in eviction court until you comply. Confirm this with your specific city's rental licensing office since program names, fees, and inspection cycles vary widely city to city. Practically, becoming a competent landlord (more than a legal one) means understanding habitability law in your state, budgeting for maintenance (heating system repairs and replacements are some of the most expensive line items, with furnace replacement commonly running well into four figures), screening tenants consistently and legally, and keeping a paper trail: lease, move-in inspection report, maintenance requests, and repair records. That paper trail is exactly what protects you if a heat complaint or any other habitability dispute ends up in front of a housing court or code enforcement hearing.

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 nearly all the same habitability rights as a tenant with a signed lease. The absence of a written lease doesn't waive a tenant's right to heat, safe electrical and plumbing systems, or protection from illegal lockouts and retaliation. What changes without a written lease is mainly the notice period for ending the tenancy. Most states require a specific notice period, commonly 30 days, to terminate a month-to-month tenancy without a written lease, though this varies by state and by how long the tenant has lived there. Rent amount, due date, and other terms typically default to whatever was verbally agreed or established by the pattern of past payments if there's a dispute. A no-lease tenant still benefits from the implied warranty of habitability in states that recognize it, meaning the landlord still must provide working heat, water, and safe conditions, and local rental licensing and inspection ordinances still apply to the unit regardless of whether there's a signed paper lease. Verbal agreements create real legal tenancies; they just make some terms harder to prove in a dispute.

Frequently asked questions

Are landlords legally required to provide heat in every state?

Nearly every state requires it through the implied warranty of habitability, even without a specific heat statute. Many states and cities go further and set exact minimum temperatures and a defined heating season. A few rural or low-density jurisdictions have thinner statutory language, so always confirm with your specific state's landlord-tenant statute or local housing code.

What temperature must a landlord keep an apartment at?

It varies by city. New York City requires 68°F daytime and 62°F overnight during Heat Season (Oct 1-May 31) ^[1]. Chicago requires 68°F during the day and 66°F at night from September 15 to June 1 ^[2]. Philadelphia requires 68°F from October 1 through April 30 ^[3]. Check your specific city's property maintenance code for the exact number.

Can a tenant withhold rent if there's no heat?

In many states, yes, but the rules are specific: some require the tenant to notify the landlord in writing and give a reasonable repair window first, and some require going through a court process (rent escrow) rather than simply stopping payment. A few states don't allow rent withholding at all without court approval. Check your state's specific habitability and repair-and-deduct statute.

How much notice does a landlord have to give before an inspection?

Most states require at least 24 hours' written notice for non-emergency entry, including routine inspections; California presumes 24 hours is reasonable under Civil Code Section 1954 ^[6]. Some states require 48 hours for certain purposes. Emergencies, including some heat failures in freezing weather, are a common exception requiring no notice.

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

The landlord is responsible for offering and conducting the move-in/move-out walk-through under California Civil Code 1950.5, including giving tenants a chance to fix issues before move-out to avoid deposit deductions ^[5]. A separate city code-compliance inspection, if the city has one, is handled by a government inspector, not the landlord.

What can a landlord look at during a rental inspection?

Typically: working heat and hot water, smoke and carbon monoxide detectors, electrical and plumbing condition, structural safety, pest and mold issues, and any city-specific checklist items tied to a rental license, like window guards or handrails. Inspectors, especially city code officers, can also cite unrelated hazards they happen to notice.

What can't a landlord do in Ohio?

Ohio landlords cannot shut off utilities, change locks, or remove doors/windows to force a tenant out without a court eviction order; that's illegal self-help eviction. Ohio Revised Code 5321.04 also requires landlords to keep heating, electrical, and plumbing systems in good working order, and ORC 5321.02 bars retaliation against tenants who report code violations ^[7][8].

Why do landlords require renters insurance?

It shifts liability and personal property risk to the tenant's policy instead of the landlord's. If a tenant's negligence causes damage (a kitchen fire, an overflowing tub), the tenant's renters insurance can cover the landlord's repair costs, protecting the landlord's own insurance rates. It's a lease requirement in most states, not a statutory mandate.

What rights does a tenant have without a signed lease?

Nearly the same habitability rights as a tenant with a lease: working heat, safe electrical and plumbing systems, and protection from illegal lockouts and retaliation. The main difference is notice period; most states require roughly 30 days' notice to end a month-to-month tenancy without a written lease, though this varies.

What is landlording?

Landlording is the day-to-day and legal work of owning and renting out real property: collecting rent, maintaining habitability (including heat), screening tenants, complying with state landlord-tenant law, and, in licensing cities, keeping rental registration and inspection requirements current.

How do I become a landlord?

Own or control rentable property, comply with your state's landlord-tenant statute, register with your city if it requires rental licensing, and use a lease that meets your state's disclosure rules (lead paint, deposit handling). Most states don't require a personal license to rent one property, but many cities require rental registration or a license before you legally collect rent.

Does a landlord have to pay the heating bill?

Not always. The landlord must provide a working heating system capable of meeting code-required temperatures, but who pays the fuel or utility bill depends on the lease and whether the unit has its own meter and thermostat. Buildings with shared boiler systems are typically landlord-paid by necessity.

What happens if a landlord doesn't fix a heat outage?

Tenants can usually file a complaint with the city's code enforcement or housing department, which can trigger an expedited inspection and fines against the landlord for ordinance violations. Depending on the state, tenants may also have rent withholding, repair-and-deduct, or constructive eviction remedies, though the exact process varies by state law.

Sources

1. New York City Housing Maintenance Code, NYC Administrative Code Section 27-2029: NYC requires 68°F daytime (when outdoor temp is below 55°F) and 62°F overnight during Heat Season, October 1 to May 31
2. Chicago Municipal Code Section 13-196-030, Minimum Temperatures: Chicago requires 68°F daytime (8:30am-10:30pm) and 66°F overnight, September 15 through June 1
3. Philadelphia Code Section PM-602.3, Heat Supply: Philadelphia requires landlords to maintain at least 68°F indoors from October 1 through April 30
4. Massachusetts Attorney General, Heating Law Guide: Massachusetts requires landlords to maintain heating facilities capable of providing the state-mandated minimum temperature
5. California Civil Code Section 1950.5: California landlords must offer an initial move-out inspection and give tenants a chance to remedy deficiencies before deposit deductions
6. California Civil Code Section 1954: California presumes 24 hours is reasonable notice for landlord entry in most circumstances
7. Ohio Revised Code Section 5321.04: Ohio landlords must keep heating, electrical, and plumbing systems supplied by the landlord in good working order
8. Ohio Revised Code Section 5321.02: Ohio prohibits landlords from retaliating against tenants who report code violations or exercise legal rights