What temperature is a landlord required to provide

Most habitability laws require heat that keeps units at 68 degrees F or warmer in winter. Rules vary by city and state; here's how to check yours.

RentalPermitPath Editorial Team
22 min read
In This Article

Last updated 2026-07-26

Wall thermostat in an apartment hallway showing required rental heating temperature
Wall thermostat in an apartment hallway showing required rental heating temperature

TL;DR

There's no single federal heat standard. Most states and cities require landlords to maintain indoor temperatures around 68 degrees Fahrenheit during a defined heating season (often October through May), and many cap heating equipment shutoffs. Cooling requirements are rarer but growing, especially after extreme heat deaths prompted new local ordinances.

what temperature is a landlord required to provide

There's no federal law that sets a minimum indoor temperature for rental housing. Heat requirements come from state landlord-tenant statutes, state or local housing codes, and sometimes city-specific ordinances layered on top. That's why the answer depends entirely on where the property sits. The most common standard you'll see in state and municipal codes is 68 degrees Fahrenheit during daytime hours in the heating season, with a lower nighttime minimum (often 62 to 65 degrees) in cities that split the day into two periods. New York City, for example, requires landlords to maintain 68 degrees indoors when the outdoor temperature falls below 55 degrees, from 6 a.m. to 10 p.m., between October 1 and May 31, and 62 degrees overnight [1]. Chicago's heat ordinance sets a similar split: 68 degrees from 8:30 a.m. to 10:30 p.m. and 66 degrees overnight, during the heating season of September 15 through June 1 [2]. Some states set a floor without the day/night split. Massachusetts requires 68 degrees during the day (7 a.m. to 11 p.m.) and 64 degrees at night, from September 16 through June 14 [3]. Other jurisdictions never adopted a specific number at all and instead rely on a general "fit for human habitation" standard that courts interpret case by case. Cooling is a newer and much less standardized area. A handful of cities (Phoenix and parts of Arizona, Dallas, and a growing list of jurisdictions after recent heat waves) have started requiring functioning air conditioning or a maximum indoor temperature cap, but there is no broad national standard for cooling the way there is for heat. If your property is in a hot-climate city, confirm with your city rental licensing office whether an AC requirement applies, because this is changing fast in some states. If you manage property in a city with mandatory rental licensing or registration, heat compliance often gets checked as part of your rental license inspection, more than through a tenant complaint line. Knowing the number before an inspector shows up saves you a callback.

does the temperature requirement change by season or time of day

Yes, almost every heat ordinance defines a specific heating season and, often, separate daytime and nighttime minimums. Outside the heating season, most codes don't require heat at all, just a functioning heating system capable of reaching the required temperature once the season starts. New York City's heating season runs October 1 through May 31. During that window, if the outdoor temperature drops below 55 degrees Fahrenheit between 6 a.m. and 10 p.m., the indoor temperature must be at least 68 degrees. Overnight, from 10 p.m. to 6 a.m., the requirement drops to 62 degrees indoors regardless of outdoor temperature [1]. Chicago's ordinance uses September 15 through June 1 as its heating season, with 68 degrees required from 8:30 a.m. to 10:30 p.m. and 66 degrees overnight [2]. Massachusetts law (105 CMR 410.201) sets the heating season from September 16 to June 14, requiring 68 degrees during the day and 64 degrees at night [3]. These dates aren't arbitrary. They're built around each region's typical cold snap, so a landlord in a warmer state might see a shorter mandated season, or none defined by statute at all, relying instead on general habitability language. The practical takeaway: mark your city's heating season start date on a calendar and do a heat system test run before it hits. An inspector or a tenant complaint on day one of a cold snap doesn't care that you "were going to get to it."

what happens if a landlord doesn't provide required heat

Cities with heat ordinances typically treat a heat outage as an emergency code violation, not a routine maintenance issue, and the penalties reflect that urgency. In New York City, the Department of Housing Preservation and Development can issue violations and pursue fines against landlords who fail to provide required heat, and the city can also perform emergency repairs and bill the owner [1]. Chicago's heat ordinance (Municipal Code 13-196-030) authorizes fines starting at several hundred dollars per day per violation for landlords who fail to maintain required heat, with amounts and structure set by the city; confirm current fine amounts with your city rental licensing office since these get updated periodically [2]. Beyond city fines, most states also give tenants a separate legal remedy under general habitability or warranty of habitability law. That can include rent withholding, repair-and-deduct rights, or in serious cases, constructive eviction claims where the tenant argues the unit became unlivable. Massachusetts, for instance, folds heat into its broader state sanitary code, meaning a heat failure can trigger the same enforcement mechanisms as a mold problem or a broken toilet: code enforcement inspection, an order to correct, and potential court action if you don't [3]. The expensive part usually isn't the fine itself. It's the emergency repair bill when the city sends its own contractor because you didn't respond fast enough, plus the two or three inspection visits that follow while your case stays open. A furnace that's on its last legs going into November is a landlord's easiest, cheapest problem to prevent and among the costliest to ignore.

Minimum required daytime indoor temperature by city (heating season) Degrees Fahrenheit, daytime hours, during each city's defined heating season 68 °F New York City (… 68 °F Chicago (8:30am… 68 °F Massachusetts (… Source: NYC HPD, Municipal Code of Chicago 13-196-030, Massachusetts 105 CMR 410.201 (2024)

is there a minimum or maximum temperature for cooling and air conditioning

Cooling requirements exist in far fewer places than heating requirements, but the list is growing, especially after well-documented heat deaths in un-air-conditioned rentals. If your city has a cooling mandate, it's usually much newer than its heat ordinance and worth checking directly rather than assuming it doesn't apply. Arizona has been the most active state here. Some Arizona jurisdictions require landlords to maintain functioning cooling equipment capable of keeping units at a maximum indoor temperature, often cited around 82 degrees Fahrenheit, though the exact number and which equipment qualifies (evaporative cooling counts in some cases) varies by city ordinance. Dallas adopted a cooling requirement following resident deaths tied to extreme heat, mandating air conditioning capable of maintaining a maximum indoor temperature in rental units. Because these ordinances are recent and still evolving, don't rely on secondhand summaries. Confirm the current maximum temperature and equipment standard with your city rental licensing office before you assume you're compliant. Most of the country still has no legal maximum temperature requirement at all. A rental in a state without a cooling ordinance can lawfully lack air conditioning entirely, as long as the unit otherwise meets general habitability standards and any lease promises about AC are honored. That said, if you advertise a unit as having central air or window units, and it doesn't work, that's a habitability and consumer-expectation problem independent of any temperature ordinance.

who is responsible for a rental property walkthrough inspection in california

In California, the landlord is generally responsible for arranging and documenting the move-in and move-out walkthrough inspections, though the tenant has a legal right to participate. California Civil Code Section 1950.5 requires landlords, upon a tenant's request, to conduct an initial inspection before the tenant moves out, giving the tenant a chance to fix any deficiencies before the final move-out inspection and deposit deduction [4]. The landlord must give at least 48 hours' written notice of that initial inspection and provide an itemized statement of any needed repairs or cleaning [4]. This is separate from any city-level rental inspection tied to licensing, which is typically conducted by a city housing inspector, not the landlord or tenant. Cities such as Los Angeles run their own periodic rental inspection programs, sending city inspectors to check habitability conditions on a cycle rather than relying solely on landlord-tenant walkthroughs [5]. If your unit is in a city with mandatory rental registration or licensing, you're likely dealing with two separate inspection tracks: the private landlord-tenant move-out walkthrough, and the city's periodic compliance inspection tied to your rental license. Don't confuse the two when you're prepping for either one. A city inspector checking for a license renewal cares about smoke detectors, egress windows, and, yes, working heat. A move-out walkthrough is about damage and deposit deductions. Keep separate checklists and separate files.

what can a landlord look at during an inspection

During a routine or licensing inspection, a landlord or city inspector can typically check life-safety systems, structural condition, and code compliance items, but not a tenant's personal belongings beyond what's needed to assess the unit itself. What's fair game generally includes smoke and carbon monoxide detectors, electrical outlets and panels, plumbing fixtures and water heater condition, heating system function and thermostat readings, window and door locks, egress paths, and visible signs of pest infestation, mold, or structural damage. City rental licensing inspections tend to follow a fixed checklist tied to the local housing code. Confirm with your city rental licensing office exactly what their inspector will check, since these lists differ: some cities inspect every unit before issuing a rental license, others do spot checks or complaint-driven inspections only. What an inspector or landlord generally cannot do is search through a tenant's personal property, closets, or drawers without a specific reason connected to the inspection's purpose, and most states require reasonable advance notice before any non-emergency entry. California, for instance, generally requires 24 hours' written notice for landlord entry to inspect the unit, except in emergencies [4]. If your city or state requires 24 or 48 hours' notice, put that number in writing to every tenant before you show up, and keep a copy of the notice you sent.

how much notice does a landlord have to give before entering

Most states require at least 24 hours' advance written notice before a landlord enters an occupied rental for a non-emergency purpose like an inspection, repair, or showing, though the exact number and the accepted delivery method vary by state. California generally requires 24 hours' written notice for entry to make repairs or conduct an inspection, and specifies that notice can be personally delivered, left with someone at the unit, or posted and mailed [4]. Some states set a longer window. A few require 48 hours for certain kinds of entry, and several states don't specify a number at all, instead using vaguer standards like "reasonable notice." Because this figure differs by state and sometimes by city ordinance layered on top of state law, don't assume your state matches California's 24-hour rule. Confirm the specific number in your state's landlord-tenant statute, and if your city has its own rental licensing inspection requirement, check whether the city inspector's notice period differs from the state's general entry notice rule; sometimes they're not the same number. Emergencies are the one universal exception. A burst pipe, a gas leak, or a fire generally allows landlords to enter without advance notice in virtually every state, because the health and safety risk outweighs the tenant's privacy interest in that moment.

what is landlording and 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, taking on legal responsibilities for habitability, repairs, and compliance with local housing codes in return. "Landlording" is the informal term for the ongoing work of managing that relationship: collecting rent, handling maintenance requests, following notice and entry rules, keeping up with local licensing or registration requirements, and responding to code enforcement or inspection notices. It's less passive than it sounds from the outside. A landlord with even one or two units in a city that requires rental registration or licensing is on the hook for the same core habitability duties as a large property manager: functioning heat, working plumbing, safe electrical systems, smoke and carbon monoxide detectors, and structurally sound conditions. The scale is smaller, but the legal exposure per unit isn't. Most states impose an implied "warranty of habitability" on residential leases, meaning even if your lease says nothing about it, the law reads in a baseline obligation to keep the unit livable. Heat during the heating season is one of the most commonly enforced pieces of that warranty, alongside working water and sound structure.

how to become a landlord and how to be a landlord

Becoming a landlord legally usually means more than buying a property and finding a tenant. If your city has mandatory rental licensing or registration, which is increasingly common in mid-size and large cities, you generally need to register the unit, sometimes pass an initial inspection, and pay a fee before you can legally lease it out. Requirements and fee amounts differ significantly by city, so confirm the specific registration process and fee with your city rental licensing office before you list a unit for rent. Beyond the paperwork, being a landlord day to day means understanding your state's landlord-tenant statute (covering security deposits, notice periods, entry rules, and eviction procedures), carrying appropriate property insurance, and often requiring tenants to carry renters insurance as a lease condition. It also means budgeting for recurring compliance costs: smoke detector testing, HVAC servicing before the heating season, and periodic city inspections tied to your rental license renewal. A lot of first-time landlords underestimate the administrative side. The lease is the easy part. The harder part is tracking a heating-season deadline in October, a license renewal in March, and an inspection notice that shows up with two weeks' lead time, all while running a day job. A rental packet built for your city's specific license and inspection requirements takes some of that tracking off your plate; RentalPermitPath's $79 City Rental License & Inspection Prep Packet is built for exactly this, mapping out what your city's inspector checks before they show up.

why do landlords require renters insurance

Landlords require renters insurance mainly to shift liability for a tenant's personal belongings and personal liability claims away from the landlord's own policy, and to reduce disputes after a fire, water damage, or theft claim. A standard landlord property insurance policy covers the building and the landlord's own liability, but it typically does not cover a tenant's furniture, electronics, or clothing, and it doesn't cover a tenant's liability if, say, their negligence starts a kitchen fire that damages neighboring units. Requiring renters insurance as a lease condition, where state law and your lease allow it, also gives the landlord a cleaner subrogation path: if damage happens because of the tenant's guest or a tenant's pet, the tenant's insurer handles the claim instead of it becoming a direct dispute between landlord and tenant, or an uninsured loss the landlord absorbs. It's a smart requirement for small landlords especially, because a single-unit or ten-unit owner has much less capacity to absorb an uninsured tenant liability claim than a large management company with reserves. Most renters insurance policies run relatively cheap, commonly in a range that varies by state and coverage level, so it's rarely a heavy lift for tenants to comply, and it's a normal, widely accepted lease term across most states.

what rights do tenants have without a lease

A tenant without a written lease, often called a month-to-month or at-will tenant depending on the state, still has essentially all the same habitability and code-based rights as a tenant with a signed lease. The absence of a written lease doesn't waive a landlord's obligation to provide required heat, working plumbing, safe electrical systems, or a structurally sound unit, because those obligations come from state statute and housing code, not from the lease document itself. What does change without a written lease is mostly around notice and term length. Month-to-month tenancies generally require a landlord to give a set notice period, often 30 days but sometimes 60 or 90 days depending on the state and how long the tenant has lived there, before ending the tenancy or raising rent significantly. Entry notice rules, security deposit rules, and habitability rules generally apply the same regardless of whether there's a written lease, because those come from state landlord-tenant law rather than contract terms. A tenant paying rent and occupying a unit, even with only a verbal agreement, is still a tenant in the eyes of the law in nearly every state. Landlords sometimes assume no lease means no obligations. That's backward. It usually means the state's default statutory terms fill every gap the missing lease would have addressed.

what a landlord cannot do in ohio

Ohio landlord-tenant law, found in Ohio Revised Code Chapter 5321, spells out specific things a landlord cannot do, and most of them mirror common habitability and retaliation protections found in other states. Ohio landlords cannot shut off utilities, change locks, or remove a tenant's belongings to force them out without going through the formal eviction process in court; this is generally referred to as a prohibition on "self-help" eviction [6]. Ohio Revised Code 5321.04 requires landlords to keep the premises in a fit and habitable condition, maintain electrical, plumbing, sanitary, heating, and ventilating systems in good working order, and comply with applicable building, housing, and health codes [6]. A landlord who fails to maintain required heat could be found in violation of this section, which functions as Ohio's general habitability backbone rather than a specific temperature number written into statute. Ohio Revised Code 5321.02 also prohibits landlords from retaliating against a tenant who complains to a code enforcement agency or a landlord about a habitability issue, by raising rent, decreasing services, or threatening eviction because of that complaint . A tenant who reports a heat outage to the city is protected from that kind of retaliation under Ohio law specifically because of this section. If you're a landlord in Ohio, the practical read is this: fix the heat, fix the plumbing, don't lock a tenant out yourself no matter how far behind on rent they are, and don't punish a tenant for reporting a code violation. Courts and code enforcement in Ohio treat all four the same way, as clear statutory violations, not gray areas.

Frequently asked questions

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

It depends on your city and state. Common standards require 68 degrees Fahrenheit during the day in the heating season, with a lower nighttime minimum like 62 or 64 degrees. New York City and Chicago both use versions of this split standard [1][2]. There's no single national number, so confirm your city's specific requirement and heating season dates with your local housing office.

does a landlord have to provide air conditioning

In most of the U.S., no. There's no broad legal requirement for landlords to provide cooling, unlike heat. A small but growing number of cities, mostly in hot climates like parts of Arizona and Dallas, have adopted maximum indoor temperature or cooling equipment requirements after extreme heat incidents. Confirm with your city rental licensing office whether a cooling mandate applies to your property.

what is the heating season when heat rules apply

The heating season is the defined window during which heat minimums must be met, and it varies by city. New York City's runs October 1 through May 31 [1]. Chicago's runs September 15 through June 1 [2]. Massachusetts uses September 16 through June 14 [3]. Outside that window, most codes don't require heat, just a working system ready for the next season.

who is responsible for a rental property walkthrough inspection in california

The landlord generally arranges and documents move-in and move-out walkthroughs, and California Civil Code 1950.5 gives tenants the right to request an initial pre-move-out inspection with 48 hours' notice [4]. Separately, some California cities run their own periodic rental inspection programs tied to licensing, conducted by city inspectors rather than the landlord.

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

Most states require at least 24 hours' written notice for non-emergency entry, though the exact number and delivery method vary. California requires 24 hours' written notice, which can be delivered in person, left at the unit, or posted and mailed [4]. Emergencies like a gas leak or burst pipe are generally an exception allowing entry without advance notice.

what can a landlord look at during a rental inspection

Inspectors generally check life-safety and code items: smoke and carbon monoxide detectors, electrical panels and outlets, plumbing and water heater condition, heating system function, window and door locks, egress paths, and signs of mold, pests, or structural damage. They generally cannot search a tenant's personal belongings beyond what's needed to assess the unit itself.

what happens if a landlord doesn't fix a broken heater in winter

In cities with heat ordinances, this is treated as an emergency code violation. New York City's housing agency can issue violations, perform emergency repairs, and bill the landlord [1]. Chicago authorizes per-day fines for failing to maintain required heat [2]. Tenants in most states also have separate habitability remedies like rent withholding or repair-and-deduct rights.

what is landlording

Landlording is the ongoing work of owning and managing rental property: collecting rent, handling repairs, following notice and entry laws, keeping up with local licensing or registration requirements, and responding to inspections. It applies the same core legal duties to a one-unit owner as to a large management company, just at a smaller scale.

what rights do tenants have without a written lease

Essentially the same habitability rights as tenants with a written lease, since those come from state statute and housing code, not the lease itself. What changes is notice: month-to-month tenants typically get a set notice period, often 30, 60, or 90 days depending on the state, before the landlord can end the tenancy or raise rent significantly.

why do landlords require renters insurance

Mainly to shift liability for a tenant's personal belongings and personal liability claims off the landlord's own policy. A landlord's property policy generally doesn't cover a tenant's possessions or a tenant's negligence-caused damage to others. Requiring renters insurance also gives a cleaner claims path if a tenant or their guest causes damage.

what can a landlord not do in ohio

Under Ohio Revised Code 5321.04, landlords cannot let a unit fall out of fit and habitable condition and must keep heating, plumbing, and electrical systems working [6]. Ohio Revised Code 5321.02 bars retaliation against tenants who file code complaints [7]. Landlords also cannot use self-help eviction tactics like shutting off utilities or changing locks without a court order.

how to become a landlord in a city that requires rental licensing

You'll generally need to register the unit with the city, sometimes pass an initial inspection, and pay a licensing fee before legally renting it out. Requirements and fees differ by city, so confirm the specific process with your city rental licensing office. Budget time for inspection scheduling, which can take weeks depending on the office's backlog.

Sources

  1. Municipal Code of Chicago, Section 13-196-030 (Heating requirements): Chicago requires 68 degrees (8:30am-10:30pm) and 66 degrees overnight, Sept 15-June 1, with per-day fines for violations
  2. Massachusetts 105 CMR 410.201, State Sanitary Code: Massachusetts requires 68 degrees daytime (7am-11pm) and 64 degrees nighttime, heating season Sept 16-June 14
  3. California Civil Code Section 1950.5: California landlords must give 48 hours notice for pre-move-out inspection and 24 hours notice for general entry
  4. Los Angeles Municipal Code Section 151.09 (Systematic Code Enforcement Program): Los Angeles conducts periodic city-inspector rental inspections under its Systematic Code Enforcement Program
  5. Ohio Revised Code 5321.04: Ohio landlords must keep premises fit and habitable and maintain heating, plumbing, and electrical systems
  6. Ohio Revised Code 5321.02: Ohio law prohibits landlord retaliation against tenants who file habitability or code complaints

Disclaimer: RentalPermitPath is an independent publisher of landlord compliance information. We are not a law firm and this is not legal advice. City programs change; always confirm current requirements with your city's rental licensing office. This packet helps you organize and prepare; it does not file anything for you or guarantee any inspection or licensing outcome.

RentalPermitPath Editorial Team

RentalPermitPath provides expert guidance and tools to help you succeed. Our content is reviewed for accuracy and kept up to date.

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