Last updated 2026-07-25
TL;DR
Most states and many cities require landlords to provide working heat during a defined heating season, commonly October or November through April or May, keeping indoor temps around 68°F daytime and 62-65°F at night. Rules vary by state and city, so check your local housing code before assuming a specific number applies to your property.
Do landlords have to provide heat by law?
Yes, in almost every state and city with a housing code, landlords have to provide working heat during a set heating season. This isn't optional and it isn't something you can waive in a lease. Heat is treated the same way as running water or a working roof: part of the implied warranty of habitability that most states recognize either by statute or case law [1]. The specifics vary a lot. Some states set a statewide minimum temperature and season. Others leave it to individual cities, which is why Chicago, New York City, and Minneapolis all have their own separate heat ordinances layered on top of any state rule [2][3][4]. If you own in a city with mandatory rental licensing, the heat rule is often baked directly into the inspection checklist your unit gets scored against. A landlord who fails to provide heat isn't just risking an angry tenant. In many cities it's a code violation that triggers fines, and in a few jurisdictions tenants can withhold rent or use "repair and deduct" remedies until heat is restored [5].
What temperature does a landlord have to keep the apartment?
| New York City | 68°F (when outside <55°F) | 62°F | Oct 1 - May 31 [2] | |
|---|---|---|---|---|
| Chicago | 68°F | 66°F | Sept 15 - June 1 [3] | |
| Minneapolis | 68°F | 68°F | Oct 1 - Apr 30 [4] | |
| Philadelphia | 68°F | 68°F | Oct 1 - Apr 30 [6] | If you own in a city not listed here, don't assume one of these numbers applies. Confirm with your city rental licensing office or building department, since plenty of mid-size cities have their own ordinance with different degree thresholds and season dates. |
New York City requires indoor temperatures of at least 68°F during the day (6am-10pm) when outdoor temps fall below 55°F, and at least 62°F overnight (10pm-6am) regardless of outdoor temperature, during the heat season of October 1 through May 31 [2]. Chicago requires 68°F between 8:30am and 10:30pm and 66°F overnight, from September 15 through June 1 [3]. Those two cities set the pattern most other jurisdictions copy, but the actual numbers differ by a few degrees depending on where you own. Minneapolis requires 68°F at all times during the heating season of October 1 through April 30 [4]. Some smaller cities and some states use 65°F as the daytime floor instead of 68°F. Here's a comparison of a few well-documented city and state rules: | Jurisdiction | Minimum daytime temp | Minimum nighttime temp | Heating season |
When does heating season start and end?
Most cold-climate cities run the mandatory heat season from around October 1 to April 30 or May 31 [2][4][6]. Chicago is an outlier, starting earlier on September 15 and running through June 1, which reflects its lake-effect weather swings [3]. Outside that window, most codes don't require heat at all, even if a cold snap happens in September or June. That said, some habitability statutes at the state level (separate from the seasonal city ordinances) require heating equipment to be functional and in good repair year-round, even if there's no specific temperature mandate outside the official season [1]. As a practical matter, if a tenant is cold in early September, you're generally better off responding to the repair request rather than pointing to the calendar. If your rental sits in a state without a specific heat statute, the tenant's remedy usually flows through the general warranty of habitability, which almost every state now recognizes in some form since the concept was solidified through cases like Javins v. First National Realty Corp. in the 1970s .
What happens if a landlord doesn't provide heat?
Consequences range from a written notice to real money. In New York City, HPD (Housing Preservation and Development) can issue a violation and the city can pursue civil penalties; heat and hot water violations are also enforceable through the city's Emergency Repair Program, which lets HPD fix the problem and bill the owner [2]. In Chicago, a landlord found in violation of the heating ordinance can face fines and the tenant may have grounds to terminate the lease or sue for damages under the Chicago Residential Landlord and Tenant Ordinance [3]. Many states also allow "repair and deduct," where a tenant pays for emergency heat repair (like a space heater or a repair call) and deducts the cost from rent, usually capped at some fraction of monthly rent and requiring written notice first [1][5]. A few states and cities let tenants withhold rent entirely until heat is restored, though this remedy usually has strict notice and escrow requirements that protect landlords from a tenant just stopping payment with no process. If you're already dealing with a violation notice, don't let it sit. Cities that require rental licensing often treat an open heat violation as a reason to deny a license renewal or flag the property for reinspection, which snowballs into a bigger problem than the original fine.
What can a landlord look at during an inspection?
During a routine rental inspection, code officials generally check life-safety and habitability items: smoke and carbon monoxide detectors, egress windows, electrical panel condition, plumbing leaks, pest evidence, and yes, the heating system's presence and function . Inspectors are not there to judge your tenant's housekeeping or personal belongings; they're checking the structure and its systems against the local housing code. Heat gets specific attention in cold-climate cities. An inspector will often check that a permanent heat source exists in every habitable room (more than space heaters), confirm the thermostat or boiler is functional, and in some cities, literally check the room temperature with a thermometer if it's heating season during the inspection [3]. Other common inspection items include working locks on exterior doors, handrails on stairs with more than a few steps, proper egress from bedrooms (a window large enough to climb through in a fire), GFCI outlets near water sources, and water heater temperature/pressure relief valves. If you want a walk-through of what a typical municipal checklist covers before your own inspection date, our City Rental License & Inspection Prep Packet is built around exactly these categories, so you can fix problems before an inspector finds them. Who does the actual walk-through matters too. In most cities, it's a code enforcement officer or building department inspector, not a private contractor, though a handful of programs let landlords self-certify with a licensed contractor's signed inspection report in place of a city visit.
Who is responsible for a rental property walk-through inspection in California?
California doesn't have a single statewide rental inspection law the way some housing codes work; inspections happen at the city or county level, often through a Rental Housing Inspection Program (sometimes called proactive rental inspection) run by the local code enforcement or building and safety department . Cities like Los Angeles run their Systematic Code Enforcement Program (SCEP), which requires periodic inspections of most rental units and charges an annual per-unit fee to fund it . So the responsible party for scheduling and conducting the walk-through is usually the city's code enforcement division, not the landlord and not the tenant, though both need to cooperate: landlords have to grant access with proper notice, and tenants generally can't refuse entry when notice requirements are met. California Civil Code Section 1954 sets the notice standard for landlord entry generally, requiring "reasonable notice," which the statute presumes to be 24 hours in most circumstances . If your property is outside a proactive inspection city, you may never get a routine walk-through unless a tenant files a complaint that triggers one. Either way, confirm with your specific city's rental licensing or code enforcement office whether you're in a mandatory inspection zone and what the fee and interval are, since these vary widely even within California.
How much notice does a landlord have to give before entering?
Notice periods for landlord entry vary by state, but 24 hours is the most common standard, and it applies whether the entry is for a routine inspection, a repair, or showing the unit to a prospective tenant . California's Civil Code 1954 presumes 24 hours' written notice is reasonable for non-emergency entry . Many other states use the same 24-hour benchmark, though some, like Massachusetts case law and a handful of local ordinances, encourage more. Emergencies are the standard exception. If there's a fire, a burst pipe, or an immediate safety hazard, most statutes allow entry without advance notice at all, since the point of the notice requirement is to protect a tenant's routine expectation of privacy, not to block emergency access . For a scheduled city rental inspection, the notice comes from the city itself in most programs, and the requirement is often stricter or more formal than the general landlord-entry rule, sometimes requiring a mailed notice several days or weeks ahead. If you're not sure which notice rule applies to your situation, check both your state's general landlord-tenant statute and your city's specific inspection ordinance since they can differ.
Why do landlords require renters insurance?
Renters insurance protects the tenant's personal belongings and covers their liability if they cause damage or injury, none of which your landlord policy covers. A standard landlord or dwelling policy insures the building structure and the owner's liability; it does not cover a tenant's furniture, electronics, or clothing if there's a fire or a pipe burst . Requiring renters insurance also shifts some liability risk away from the landlord. If a tenant's negligence causes a fire (say, an unattended candle) and a renters policy exists, that policy's liability coverage can absorb a claim that would otherwise land squarely on the landlord's insurer or personal assets. That's the main reason many landlords add a renters insurance requirement to the lease and ask for proof of a policy naming the landlord as an "interested party" so they're notified if coverage lapses. Requiring it is legal in nearly every state, though a few local jurisdictions cap what landlords can charge tenants who decline to buy their own policy and instead get force-placed into a landlord-purchased policy. If you require it, put the requirement in writing and verify coverage at move-in and renewal, more than once.
What rights do tenants have without a lease?
A tenant without a written lease still has real legal protections. Verbal or "month-to-month" tenancies (sometimes called tenancy-at-will) are recognized in every state, and the tenant still gets the implied warranty of habitability, meaning the landlord has to keep the unit fit to live in, including working heat, water, and basic safety systems [1]. What changes without a lease is mostly about term length and notice: month-to-month tenants can usually be asked to leave with proper notice (commonly 30 days, sometimes more depending on state and how long the tenant has lived there), rather than being locked into a fixed term. Rent amount, due date, and any rules the landlord wants to enforce should still be documented, even informally, because without a written lease, disputes tend to default to whatever the state's general landlord-tenant statute says, which is often less favorable to the landlord than a clear written agreement. A tenant without a lease still has the right to proper eviction notice and cannot simply be locked out or have utilities shut off, a practice sometimes called "self-help eviction" that's illegal in every U.S. state. If you're renting without paperwork right now, that's a decent short-term description of your legal exposure, but it's worth fixing going forward. A verbal agreement makes every disagreement (deposit deductions, repair timelines, notice periods) harder to resolve because there's no document to point to.
What is landlording, and what is a landlord?
A landlord is the owner (or the owner's authorized agent) who rents real property to a tenant in exchange for rent. "Landlording" is the informal term for the day-to-day work of running that rental: collecting rent, handling repairs, managing turnover, staying current on local code and licensing rules, and dealing with tenant communication. It's not a licensed profession in most places (property managers who manage other people's properties for a fee often do need a real estate license, but an owner managing their own 1-10 units usually doesn't). What does require a license or registration, in a growing number of cities, is the rental unit itself: a rental license, a business license, or a registration number tied to the property address, separate from any personal license the owner might hold. Good landlording in a licensed city means treating the license and inspection requirements as part of the job, not an annoyance layered on top of it. Cities that run mandatory rental inspection programs are, in effect, asking landlords to prove the unit meets the same habitability standard the law already requires, heat included.
How to become a landlord (and how to actually do it well)
Becoming a landlord legally requires more than buying a property and finding a tenant. Depending on your city, you may need: a rental license or registration certificate, a passed inspection, a local business license, and proof of a compliant lease that discloses required items like lead paint (federally mandated for pre-1978 housing under 42 U.S.C. § 4852d) . Skipping registration in a city that requires it can mean fines, and in some cities it can bar you from collecting rent or filing an eviction until the property is properly licensed. Step one is figuring out whether your city or county has a mandatory rental licensing program at all; not every city does, but a meaningful and growing number of mid-size and large cities require it, often triggered automatically once a property isn't owner-occupied. Step two is getting the property inspection-ready: working smoke and CO detectors on every level, a functioning heat source in every room, no active leaks, safe electrical, and clear egress. Step three is the paperwork: business license if required, rental registration application, and the lease itself, which should include state-required disclosures. This is genuinely the part where landlords get tripped up, not because the rules are complicated individually, but because every city bundles them differently. Our City Rental License & Inspection Prep Packet is a $79 one-time tool built specifically to walk you through the paperwork and inspection prep sequence for your city, so you're not guessing which form goes where.
What can't a landlord 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, a practice the statute treats as an illegal "self-help" eviction; the tenant can sue for actual damages plus reasonable attorney fees if this happens . A landlord also cannot retaliate against a tenant for complaining to a government agency about a code violation or for joining a tenant organization, and cannot retaliate by raising rent, decreasing services, or filing eviction shortly after a complaint . Ohio law also requires landlords to keep the premises in a fit and habitable condition, maintain electrical, plumbing, heating, and sanitary systems in good working order, and comply with local building and housing codes . That last piece is the direct link to heat requirements: Ohio doesn't set a specific statewide minimum temperature in the statute itself, but if your city (Cleveland, Columbus, Cincinnati, etc.) has adopted a housing code with a specific heat temperature and season, that local code becomes the enforceable standard layered on top of the state's general habitability duty. A landlord in Ohio also cannot enter a rental unit without proper notice except in an emergency; while ORC 5321 doesn't specify an exact number of hours the way California does, most Ohio courts and standard leases treat 24 hours as the reasonable benchmark, consistent with practice elsewhere .
Frequently asked questions
What is the minimum temperature a landlord must provide?
It depends entirely on your city or state. New York City requires 68°F daytime and 62°F overnight during heat season [2]; Chicago requires 68°F daytime and 66°F overnight [3]; Minneapolis and Philadelphia require 68°F around the clock during their heating seasons [4][6]. There's no single national minimum. Check your specific city's housing code rather than assuming a number.
What months are landlords required to provide heat?
Most cold-climate cities set the heating season from October 1 through April 30 or May 31 [2][4][6]. Chicago's runs longer, September 15 through June 1 [3]. Outside those dates, the specific temperature mandate usually doesn't apply, though a general habitability duty to keep heating equipment functional often still exists year-round [1].
Can a tenant withhold rent if there's no heat?
In some states and cities, yes, but usually only after giving written notice and following a specific legal process, sometimes involving rent escrow rather than simply not paying. Other jurisdictions allow "repair and deduct" instead, letting the tenant pay for emergency heat repair and subtract the cost from rent [1][5]. Rules and caps vary by state, so a tenant should check local law before withholding.
How to become a landlord if my city requires a rental license?
Confirm with your city's rental licensing or code enforcement office whether a license is required, get the property inspection-ready (smoke/CO detectors, working heat, no active leaks), and submit the license or registration application with any required fee. Many cities also require a passed inspection before the license is issued or renewed.
Who is responsible for a rental property walk-through inspection in California?
The city or county code enforcement division typically schedules and conducts the inspection under a local Rental Housing Inspection Program, since California has no single statewide rental inspection law [10][11]. Landlords must allow entry with proper notice; California Civil Code 1954 presumes 24 hours' notice is reasonable for non-emergency entry [12].
What is landlording?
Landlording is the everyday work of owning and managing a rental property: collecting rent, handling maintenance and repairs, communicating with tenants, and complying with local licensing and housing code requirements. It's not a licensed profession for owner-managed 1-10 unit properties in most places, though the rental unit itself may need a license.
What is a landlord, legally speaking?
A landlord is the property owner, or their authorized agent, who rents real property to a tenant under a lease or rental agreement in exchange for rent. Legally, the landlord holds the habitability duty (safe, working heat, water, and structure) and the tenant holds the duty to pay rent and follow reasonable lease terms.
What rights do tenants have without a lease?
A tenant without a written lease still gets the implied warranty of habitability (working heat, water, safe conditions) in nearly every state [1][7]. They also can't be evicted without proper legal notice, commonly 30 days for month-to-month tenancies, and can't be locked out or have utilities shut off as a forced-eviction tactic.
Why do landlords require renters insurance?
A landlord's own insurance covers the building, not the tenant's belongings or the tenant's liability for accidents they cause [13]. Requiring renters insurance shifts that risk to the tenant's policy instead of the landlord's, and many landlords ask to be listed as an interested party so they're notified if coverage lapses.
How much notice does a landlord have to give before entering the unit?
Twenty-four hours is the most common standard nationally, and California's Civil Code 1954 specifically presumes 24 hours' written notice is reasonable for non-emergency entry [12]. Emergency situations, like a fire or burst pipe, are typically exempt from advance notice requirements everywhere.
What can a landlord look at during an inspection?
Inspectors generally check life-safety and habitability items: smoke and CO detectors, heating system function, electrical panel condition, plumbing leaks, pest evidence, egress windows, and stair handrails [9]. They're checking the structure and systems against local housing code, not judging a tenant's personal belongings or housekeeping.
What can't a landlord do in Ohio?
Ohio landlords cannot shut off utilities, change locks, or remove belongings to force a tenant out (illegal self-help eviction), and cannot retaliate against a tenant for reporting code violations [15]. Ohio Revised Code 5321 also requires landlords to keep heating, plumbing, and electrical systems in good working order and comply with local housing codes.
Does a landlord have to fix heat immediately?
In most cities with a heat ordinance, yes, heat outages during heating season are treated as emergency repairs requiring prompt action, often within 24 to 72 hours depending on the city's code. Delaying can trigger fines, code violations, or a tenant's right to repair-and-deduct or rent withholding depending on state law [1][2][3].
Sources
- Cornell Legal Information Institute, Repair and Deduct Remedy overview: Many states allow tenants to repair and deduct the cost from rent when landlords fail to fix essential services like heat
- Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970), via Justia: Landmark case establishing the implied warranty of habitability in residential leases
- California Civil Code Section 1954: California law presumes 24 hours' written notice is reasonable for landlord entry into a rental unit
- III (Insurance Information Institute), Renters Insurance overview: A landlord's dwelling policy does not cover a tenant's personal belongings or liability, which renters insurance is designed to cover
- 42 U.S.C. § 4852d, Disclosure of information on lead-based paint hazards, via Cornell LII: Federal law requires lead paint disclosure for rental housing built before 1978
- Ohio Revised Code Chapter 5321, Landlords and Tenants: Ohio law prohibits landlord self-help eviction and retaliation, and requires landlords to maintain heating, electrical, and plumbing systems