Is a landlord required to provide heat? state and city rules

Last updated 2026-07-26

is a landlord required to provide heat?

Yes. In almost every U.S. state, a landlord has to provide a working heating system and keep it running during cold weather months. This comes from two overlapping sources: the implied warranty of habitability that courts and state statutes recognize in residential leases, and local housing or building codes that set specific temperature minimums and heating seasons. The warranty of habitability is the broader legal concept. It says a rental unit has to be fit for human habitation, and heat is treated as a basic habitability item alongside working plumbing, weatherproofing, and safe electrical systems. Many states codify this directly. New York's Multiple Dwelling Law, for example, requires owners to supply heat to maintain an indoor temperature of at least 68°F between 6 a.m. and 10 p.m. when the outdoor temperature falls below 55°F, and at least 62°F overnight, during the heating season of October 1 through May 31 ^[1]. Cities layer their own rules on top of state law, and this is where landlords in licensed rental markets get tripped up. A city rental license or inspection program often checks the heating system specifically, sometimes requiring proof the furnace was serviced or inspected in the last year, sometimes checking that a permanent heat source exists in every habitable room. Chicago's municipal code, for instance, sets a heating season of September 15 through June 1 and requires 68°F during the day and 66°F at night when it's cold outside ^[2]. If you own in a city with mandatory rental licensing, don't assume state law is the only thing you need to satisfy. Pull your city's specific ordinance language, because the temperature thresholds, heating season dates, and inspection triggers differ from town to town, sometimes by a few degrees or a few weeks, and that gap is exactly where violations get written.

what temperature is a landlord legally required to keep an apartment?

New York City, NY	68°F (6am-10pm)	62°F	Oct 1 - May 31 [1]
Chicago, IL	68°F	66°F	Sept 15 - June 1 [2]
Philadelphia, PA	68°F	68°F	Oct 1 - May 31 [3]
Your city	confirm with your city rental licensing office	confirm with your city rental licensing office	confirm with your city rental licensing office

There's no single national number. Most state and city heat laws land somewhere between 65°F and 68°F during daytime hours, with lower overnight minimums, but the exact figure depends entirely on your jurisdiction. New York City and New York State use 68°F daytime (6 a.m. to 10 p.m.) and 62°F overnight, triggered whenever outdoor temperature drops below 55°F during the day or 40°F at night ^[1]. Chicago requires 68°F daytime and 66°F nighttime during its heating season ^[2]. Philadelphia's property maintenance code requires landlords to maintain a minimum of 68°F in every habitable room from October 1 through May 31 ^[3]. Some states set a heating requirement without a hard temperature number, instead requiring the system to be 'in good working order' or capable of maintaining a 'reasonably comfortable' temperature, leaving enforcement to local code officials. That vagueness is common in states without big legacy rental-licensing cities. If your city has a rental registration or inspection program, that's usually where you'll find the actual enforceable number, not the state statute. Here's a comparison of a few commonly cited local heat rules. Confirm current numbers with your own city's code office before relying on this for compliance, since ordinances get amended. | City | Daytime minimum | Nighttime minimum | Heating season |

what happens if a landlord doesn't provide heat?

Consequences range from a code violation notice to rent withholding, repair-and-deduct remedies, or the tenant breaking the lease, depending on the state. In cities with rental inspection programs, a failed heat inspection can also freeze or revoke your rental license until it's fixed. Many states let tenants use a 'repair and deduct' remedy for habitability failures like no heat: the tenant pays a licensed contractor to fix the problem and deducts the cost from rent, usually capped at some fraction of monthly rent and requiring written notice to the landlord first. Some states allow tenants to withhold rent entirely into an escrow account until heat is restored. A few, including New York City, let the city itself step in and fix the heat, then bill the owner, sometimes through an emergency repair program run by the housing preservation agency ^[1]. Fines add up fast in code-enforcement cities. A documented lack of heat during winter is one of the fastest ways to get an emergency inspection referral, because it's treated as a life-safety issue, not a cosmetic one. If you're already dealing with an ordinance notice or fine for a heating violation, get the furnace or boiler serviced immediately and get documentation, because 'I fixed it' without a receipt or inspection sign-off usually doesn't close out a violation on file. If you're trying to get ahead of city requirements instead of reacting to a violation, the City Rental License & Inspection Prep Packet walks through what inspectors commonly check, heating systems included, so you're not guessing the week before your inspection date.

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

In California, the landlord is responsible for scheduling and conducting the move-in and move-out inspections, but the tenant has the right to participate. California Civil Code Section 1950.5 gives tenants the right to request an initial inspection before move-out, done at a reasonable time, with at least 48 hours' written notice from the landlord about when it will happen, so the tenant can be present and fix any issues before the final deposit deduction decision ^[4]. That's a different thing from a city rental inspection program. Cities like Los Angeles, Oakland, and Berkeley run their own rental housing inspection programs tied to registration or licensing, and those inspections are done by city code enforcement staff, not the landlord. Los Angeles's Systematic Code Enforcement Program (SCEP) inspects registered rental units on a cycle and charges an annual per-unit fee that funds the inspections ^[5]. So the answer depends on which inspection you mean. Move-in/move-out condition inspections: landlord's responsibility, tenant has a right to be there. City compliance inspections under a rental registration ordinance: the city's inspector does the walk-through, and the landlord's job is prepping the unit and being present to let them in.

what can a landlord look at during an inspection?

During a city rental inspection, the inspector is generally checking health and safety items tied to the local housing code: smoke and carbon monoxide detectors, working heat, hot water, electrical outlets and panels, plumbing leaks, window locks and screens, handrails, and signs of pest infestation or mold. They are not there to judge your décor or catalog your tenant's belongings. During a landlord's own move-in or move-out walk-through, the scope is about documenting condition for deposit purposes: existing damage, cleanliness, appliance function, and anything that differs from the move-in condition report. California law specifically frames the pre-move-out inspection as a chance for the tenant to fix deficiencies themselves before the landlord makes deductions from the security deposit ^[4]. A landlord generally cannot use a routine inspection as a pretext to search personal belongings, and most states require reasonable advance notice before any non-emergency entry, typically 24 to 48 hours depending on the state's statute. If you're preparing for a formal city inspection tied to a rental license, treat it like a checklist exercise: working smoke detectors in every required location, a heating system that's been serviced, no exposed wiring, and clear egress from bedrooms and exits.

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

Most states require 24 to 48 hours' written or verbal notice before a landlord enters an occupied rental unit for a non-emergency reason like a repair, inspection, or showing. California requires 'reasonable notice,' which the statute defines as presumptively 24 hours in most circumstances ^[6]. New York doesn't have a single statewide statute number for general entry notice the way California does, and notice requirements are frequently set by lease terms and local housing codes, so check your specific city or state's landlord-tenant statute. Emergencies are the exception. If there's an active water leak flooding the unit below, a gas smell, or a fire, landlords (and their contractors or the fire department) can enter without advance notice, because the health and safety exception overrides the standard notice period. City rental inspections tied to licensing programs sometimes have their own notice rules written into the ordinance, separate from the general landlord-tenant statute. If a city inspector is showing up to check for a rental license renewal, that notice period and process is defined by the local rental registration ordinance, not the state's general entry law, so read both.

what are tenants' rights when there's no lease?

A tenant without a written lease is usually still a tenant, most often classified as a month-to-month tenant under state law, and month-to-month tenants keep essentially the same habitability rights as tenants with a signed lease. No lease does not mean no rights. Without a written lease, the terms of tenancy (rent amount, due date, who pays which utilities) get established by whatever was agreed verbally or by the pattern of past payments, and disputes about those terms are harder to prove for both sides, which is exactly why oral tenancies create headaches. But the core legal protections, like the right to habitable housing, the right to advance notice before entry, and the right to a formal eviction process instead of a lockout, apply regardless of whether there's a signed lease. That means a landlord with an unwritten, month-to-month tenant still has to provide heat, still has to follow the state's notice-to-terminate rules (commonly 30 days for month-to-month tenancies, though this varies by state and by how long the tenant has lived there), and still can't shut off utilities or change the locks to force someone out. For a broader look at what tenants are entitled to regardless of lease status, see tenant rights and tenants rights.

what a landlord cannot do in ohio

Ohio law, under Ohio Revised Code Chapter 5321, prohibits landlords from several specific actions that trip up new owners. A landlord cannot shut off a tenant's utilities, remove doors or windows, or change locks to force a tenant out, even if rent is unpaid; this is commonly called a 'self-help eviction' and it's illegal statewide, more than in certain cities ^[7]. Ohio landlords also can't retaliate against a tenant for exercising a legal right, like reporting a code violation or joining a tenant union; ORC 5321.02 specifically bars raising rent, decreasing services, or threatening eviction in retaliation for a tenant's good-faith complaint to a government agency ^[7]. And under the same chapter, Ohio landlords have an affirmative duty to keep the premises in a fit and habitable condition, which includes maintaining electrical, plumbing, heating, and ventilation systems supplied by the landlord ^[7]. If an Ohio tenant's heat goes out and the landlord doesn't fix it after receiving written notice, Ohio law allows the tenant to deposit rent with the clerk of court under certain conditions rather than paying the landlord directly, a mechanism that pressures repairs without letting the tenant simply stop paying ^[7]. Cities like Columbus and Cincinnati layer their own housing codes and, in some cases, rental registration requirements on top of this state law, so an Ohio landlord in a licensed city needs to check both.

why do landlords require renters insurance?

Landlords require renters insurance mainly to shift liability risk off themselves and to make sure a tenant's own belongings and any liability they cause (like a kitchen fire or a bathtub overflow that damages the unit below) aren't automatically the landlord's financial problem. A landlord's own property insurance covers the building structure, but it generally doesn't cover a tenant's personal property or lawsuits arising from a tenant's negligence. The Insurance Information Institute notes that renters insurance is relatively inexpensive nationally, commonly averaging under $200 a year, which is part of why many landlords now require it as a routine lease condition rather than an optional add-on ^[8]. Requiring it also gives the landlord a documented insurance policy to point to if a tenant later claims the landlord should have covered their damaged belongings after a fire, burst pipe, or theft. This isn't a heat-specific rule, but it connects: a habitability failure like no heat leading to frozen and burst pipes is exactly the kind of loss where renters insurance and landlord liability can end up in a dispute over who pays for what. Requiring proof of renters insurance at lease signing is one of the cheapest risk-management moves a small landlord can make.

what is landlording, and what is a landlord?

A landlord is the owner (or the owner's authorized agent) of real property who rents that property to another party, called a tenant, in exchange for payment, usually under a lease or rental agreement. 'Landlording' is the informal industry term for the day-to-day work of operating rental property: screening tenants, collecting rent, handling repairs, staying current on local housing codes, and managing the legal relationship defined by state landlord-tenant law and any local rental licensing ordinance. It's a legal role with real obligations attached, more than a title. Once you accept rent in exchange for occupancy, most states treat you as a landlord subject to that state's landlord-tenant statute, regardless of whether you call yourself a 'landlord,' a 'property manager,' or you're just renting out a spare unit as a side project. That means the habitability duties, including heat, discussed earlier in this article apply to you whether you own one unit or fifty. For a plain-language overview of the role and its legal duties, see landlord and landlord landlords.

how to become a landlord (and how to be a good one)

Becoming a landlord legally usually means four things: owning or controlling a property you're allowed to rent out, checking whether your city or county requires rental registration or a rental license before you can legally lease it, screening and signing a tenant under a lease that follows your state's landlord-tenant law, and setting up the ongoing systems (rent collection, maintenance response, record-keeping) to run it responsibly. The part people skip is step two, and it's the one that gets new landlords fined. A growing number of cities, and some entire states, require a rental license, a business license, or at minimum a rental unit registration before you can legally collect rent, and many require a passed inspection (heat, smoke detectors, egress windows, electrical) before that license issues or renews. Skipping this step doesn't just risk a fine; in some cities it can make it harder to evict a nonpaying tenant later, because an unlicensed unit sometimes can't proceed through the local eviction process until it's registered or licensed. Being a good landlord, practically speaking, means responding to habitability complaints (heat included) fast, documenting everything in writing, keeping repair records for your own protection, and treating your city's inspection checklist as a maintenance schedule rather than a one-time hurdle. If you're just getting into a first rental license application or trying to get organized before an inspection date, our $79 City Rental License & Inspection Prep Packet is built around exactly that: a one-time packet to help you walk into your city's process prepared instead of guessing what they'll check.

Frequently asked questions

Is a landlord legally required to provide heat in an apartment?

Yes, in nearly every U.S. jurisdiction, through either the state's implied warranty of habitability or a specific local housing code provision. The exact minimum temperature and heating season dates vary by city and state, so confirm the specific numbers with your local housing or code enforcement office.

What temperature does a landlord have to keep an apartment at?

Most cities with a specific rule land between 65°F and 68°F during the day, with lower nighttime minimums. New York City requires 68°F daytime and 62°F overnight during heating season; Chicago requires 68°F daytime and 66°F overnight. Always check your own city's code, since numbers differ.

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

Document the outdoor and indoor temperature, give written notice to the landlord, and check your state's remedies, which often include repair-and-deduct, rent escrow, or a code enforcement complaint. Some cities let code officials issue emergency orders for heat failures during winter, since it's treated as a life-safety issue.

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

Most states require 24 to 48 hours' notice for non-emergency entry, such as repairs or inspections. California presumes 24 hours is reasonable. Emergencies, like an active leak or gas smell, are an exception and don't require advance notice.

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

The landlord schedules and conducts move-in and move-out condition inspections, and tenants have the right under California Civil Code Section 1950.5 to request a pre-move-out inspection with written notice so they can fix issues before deposit deductions. Separately, city rental inspection programs (like Los Angeles's SCEP) use city inspectors, not the landlord.

What is landlording?

Landlording is the day-to-day work of owning and operating rental property: screening tenants, collecting rent, handling maintenance, and complying with state landlord-tenant law and any local rental licensing or registration ordinance. It's a legal role with real habitability duties attached, more than an informal title.

What rights do tenants have without a written lease?

A tenant without a written lease is usually treated as a month-to-month tenant under state law and keeps the same core rights: habitable housing including working heat, advance notice before entry, and a formal eviction process instead of a lockout. Terms like rent amount are proven by pattern of payment rather than a document.

Why do landlords require renters insurance?

Renters insurance covers the tenant's personal belongings and liability for damage they cause, neither of which is typically covered by the landlord's own property insurance. It's inexpensive, commonly averaging under $200 a year nationally, so many landlords require proof of a policy as a standard lease condition.

What can a landlord look at during a rental inspection?

City rental inspectors generally check health and safety items: smoke and CO detectors, working heat and hot water, electrical safety, plumbing leaks, window locks, and pest or mold signs. They're not there to inventory personal belongings or judge decor; the scope is tied to the local housing code.

What is a landlord not allowed to do in Ohio?

Under Ohio Revised Code Chapter 5321, a landlord cannot shut off utilities, remove doors or locks, or otherwise force a tenant out without going through formal eviction (self-help eviction is illegal). Landlords also can't retaliate against a tenant for reporting a code violation, and they must keep heating, plumbing, and electrical systems in working order.

Does a landlord have to provide heat in the summer or only winter?

Heat requirements apply during a defined 'heating season,' not year-round. Most cities set specific start and end dates, commonly running from around October 1 through May 31, though some, like Chicago, start mid-September. Outside that season there's typically no minimum indoor temperature requirement tied to heating.

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

In many states, yes, under specific procedures, such as depositing rent with a court or an escrow account after giving the landlord written notice and a chance to fix it. Rules and required steps vary significantly by state, and doing it wrong can expose a tenant to an eviction claim, so this isn't a simple 'just stop paying' situation.

Sources

1. New York Multiple Dwelling Law Section 79: NYC/NY heat requirement of 68°F daytime, 62°F overnight, during Oct 1-May 31 heating season
2. Municipal Code of Chicago Section 13-196-310, Minimum temperature: Chicago requires 68°F daytime and 66°F nighttime during its Sept 15-June 1 heating season
3. Philadelphia Code Section PM-602.3, Heat supply: Philadelphia requires landlords to maintain 68°F from October 1 through May 31
4. California Civil Code Section 1950.5: Tenant right to request pre-move-out inspection with written notice before deposit deductions
5. Los Angeles Municipal Code Section 151.03, Systematic Code Enforcement Program registration fee: LA's SCEP inspects registered rental units on a cycle funded by an annual per-unit fee
6. California Civil Code Section 1954: California landlord entry notice requirement, presumptively 24 hours for non-emergency entry
7. Ohio Revised Code Chapter 5321, Landlord and Tenant: Ohio prohibits self-help eviction, retaliation, and requires landlords to maintain habitable conditions including heating systems
8. Insurance Information Institute, Facts and Statistics: Renters Insurance: Renters insurance is relatively inexpensive nationally, commonly averaging under $200 a year