Last updated 2026-07-26
TL;DR
Most mandatory-heat seasons run roughly October 1 through May 31, with cities requiring landlords to maintain an indoor temperature between 64°F and 68°F during the day and often 62°F to 68°F at night, depending on local code. There's no single federal rule; heat requirements come from state and city housing codes, so you have to check your specific municipality's ordinance.
When is a landlord required to turn on heat?
There's no federal law that sets a national heat requirement for rental housing. Heat rules come from state housing codes, state sanitary codes, or city ordinances, and they vary a lot in both the dates and the temperature thresholds. That said, a common pattern shows up in most cold-weather cities: a mandatory heating season roughly from October 1 through May 31, with a minimum indoor temperature landlords must maintain during that window. New York City is the model a lot of other cities copied. Under the city's Housing Maintenance Code, the "Heat Season" runs October 1 through May 31. During that period, if the outdoor temperature falls below 55°F between 6 a.m. and 10 p.m., indoor temperatures must be kept at least 68°F. Between 10 p.m. and 6 a.m., indoor temps must stay at least 62°F regardless of the outdoor reading [1]. Chicago runs a similar but not identical rule. The city's heating season is also October 1 through June 1, and landlords must maintain 68°F from 8:30 a.m. to 10:30 p.m., and 66°F from 10:30 p.m. to 8:30 a.m., whenever the outdoor temperature drops below 64°F during the day or 40°F at night [2]. Boston's rule, under the state sanitary code (105 CMR 410.201), requires an indoor temperature of at least 68°F from 7 a.m. to 11 p.m. and 64°F the rest of the day, and applies from September 16 through June 14 [3]. So the dates and numbers genuinely differ block by block if you cross a state line, which is exactly why you can't rely on "what my cousin's landlord in another city does." The bottom line: check your specific city or state code before you decide when to flip the boiler on. If you own in a city with mandatory rental licensing or inspection, the heat requirement is very likely spelled out in the same housing code chapter that covers your registration and inspection duties.
What temperature is a landlord legally required to maintain?
| New York City | Oct 1 to May 31 | 68°F (6am-10pm, if outdoor <55°F) | 62°F (10pm-6am, regardless of outdoor temp) | NYC HMC §27-2029 [1] | |
|---|---|---|---|---|---|
| Chicago | Oct 1 to Jun 1 | 68°F (8:30am-10:30pm) | 66°F (10:30pm-8:30am) | Chicago Municipal Code 13-196-410 [2] | |
| Boston / Massachusetts | Sep 16 to Jun 14 | 68°F (7am-11pm) | 64°F (11pm-7am) | 105 CMR 410.201 [3] | |
| Philadelphia | Oct 1 to Apr 30 | 68°F (daytime) | 68°F (nighttime, code doesn't split minimums the same way) | Philadelphia Property Maintenance Code [4] | A few things worth noting if you're comparing your own city's number against this table. First, some codes measure at the thermostat, others measure in specific rooms (often the coldest habitable room, not a hallway or bathroom). Second, some jurisdictions tie the requirement to an outdoor temperature trigger (Chicago, NYC) while others just apply a flat date range regardless of outdoor weather (Boston, roughly). Read the actual text of your local code, not a summary, because the trigger condition changes what counts as a violation. |
Most codes set two numbers: a daytime minimum and a nighttime minimum, both tied to a heating season date range. The daytime number is usually 68°F, and the nighttime number usually drops to somewhere between 62°F and 66°F. Here's how a few cities compare side by side. | City | Heating season | Daytime minimum | Nighttime minimum | Source |
Does heat law apply year-round or just in winter?
Almost every mandatory heat ordinance is seasonal, not year-round. The season is defined by a start date and end date in the code, not by weather. NYC's Heat Season is fixed at October 1 through May 31 by statute, regardless of whether a warm October shows up [1]. Chicago's season is October 1 through June 1 [2]. Massachusetts' sanitary code covers September 16 through June 14, one of the longer windows in the country [3]. Outside the heating season, most codes don't require heat at all, though general "fit for habitation" warranty-of-habitability standards still apply in a looser sense (a landlord generally can't let a unit become dangerously cold even off-season, but there's usually no specific temperature-and-date rule to enforce against). If a tenant complains about cold in July, that's a different legal conversation than a tenant complaint in December. A practical note for landlords: the season start date is often earlier than when you'd naturally think to turn the boiler on. If your city's season starts October 1 and a cold snap hits October 3, you're already required to comply, cold snap or not. Set a calendar reminder for the season start date in your city, not a reminder tied to the forecast.
What happens if a landlord doesn't provide heat?
Consequences range from a code violation notice and fine, to a tenant repair-and-deduct remedy, to a rent escalating penalty in cities that use one. NYC is the strictest example: the city's Department of Housing Preservation and Development (HPD) can issue violations, and courts can impose civil penalties. Under NYC Admin Code, a landlord found in violation of heat requirements can face civil penalties that escalate for repeat violations, and HPD can also perform emergency repairs and bill the owner [1]. In many states, insufficient heat is treated as a breach of the implied warranty of habitability, meaning tenants can potentially withhold rent, repair the problem and deduct the cost, or in extreme cases pursue "constructive eviction" claims if the unit becomes unlivable. The exact remedy tenants have depends entirely on state landlord-tenant law, so a tenant's rights in Massachusetts look different from a tenant's rights in Texas. For landlords in cities with mandatory rental registration or licensing, a heat complaint often triggers an inspection that touches everything else on your unit, more than the furnace. That's one more reason it pays to treat heat season deadlines the same way you treat your registration renewal or your scheduled inspection date. If you're building out a compliance calendar for the whole property, it makes sense to track heat season alongside your rental license renewal and inspection windows in the same document, so nothing slips.
What can a landlord look at during an inspection?
A rental inspection typically covers life-safety systems: smoke and carbon monoxide detectors, electrical panels and outlets, plumbing and water heater condition, structural issues, means of egress (windows, doors, stairways), and, very often, the heating system itself. Inspectors are checking that the furnace or boiler works and that it can hit the code-required minimum temperature, more than that it exists. Most city inspection checklists also include exterior items: roof condition, gutters, foundation, exterior stairs and railings, and pest evidence. Interior items commonly checked include working locks, adequate lighting in common areas, and functioning smoke detectors on every level and outside sleeping areas, which mirrors general fire-safety guidance from the National Fire Protection Association on smoke alarm placement [5]. What inspectors generally cannot do is search for unrelated things unrelated to habitability and safety, like personal belongings or lease violations that aren't safety-related. Scope is usually limited to what's in the applicable housing or property maintenance code section, and most cities require advance notice before an inspector can enter (commonly 24 to 48 hours, though the exact number is set by your specific city ordinance, so confirm with your city rental licensing office). If you're prepping for a first inspection, walking your own unit ahead of time using the same checklist your city publishes saves a lot of grief. A private walkthrough catches the missing smoke detector battery or the cracked outlet cover before an inspector does, and it's a lot cheaper to fix on your own schedule than under a re-inspection fee deadline.
Who is responsible for a rental property walkthrough inspection in California?
In California, move-in and move-out walkthrough inspections are primarily a landlord-tenant civil code matter, not a city inspection matter, though both can apply depending on where the unit is. Under California Civil Code Section 1950.5, landlords must, upon request, give tenants the option of an initial inspection before move-out, specifically so the tenant has a chance to fix any deficiencies before the landlord makes deductions from the security deposit [6]. The landlord (or their agent) conducts that walkthrough, and the tenant has the right to be present. Separately, some California cities (San Francisco, Los Angeles, and others) run their own rental unit habitability or licensing inspection programs, and those are administered by the city's housing or building department, not by the landlord. Los Angeles, for example, runs a Systematic Code Enforcement Program (SCEP) inspection cycle for rental units citywide, funded through an annual per-unit fee charged to owners . So there are really two different "inspections" a California landlord deals with: the security-deposit walkthrough (landlord's responsibility, tenant has participation rights) and the city habitability inspection (city inspector's responsibility, landlord has compliance and access obligations). Don't confuse the two when you're planning your compliance calendar; they have different legal bases and different consequences if skipped.
How much notice does a landlord have to give before entering a unit?
Notice requirements are set state by state (and sometimes city by city), and they typically run from 24 hours to 48 hours for non-emergency entry, including for inspections and repairs. California requires "reasonable notice," which the Civil Code defines as presumptively 24 hours for most purposes, including for the move-out inspection discussed above [6]. Other states set their own numbers by statute; for example, several states specify 24 hours as the standard reasonable-notice period for entry to make repairs or show the unit. Emergencies are the standard exception almost everywhere: if there's a burst pipe, a gas leak, or a fire, landlords (and city inspectors responding to hazard complaints) generally don't need advance notice to enter and address the danger. For scheduled rental license or habitability inspections tied to a city program, the notice period is usually set by that specific ordinance and mailed or posted ahead of the appointment window, often with a reschedule option if the date doesn't work. If you've missed a notice or aren't sure what your city requires, your city's rental licensing office (not the state landlord-tenant statute) is the right place to confirm the number, since city programs often layer additional notice rules on top of the state minimum.
Why do landlords require renters insurance?
Landlords require renters insurance mainly to shift liability for a tenant's personal belongings and personal liability away from the landlord's own policy. A standard landlord (dwelling) insurance policy covers the building itself, not a tenant's furniture, electronics, or clothing, and it typically doesn't cover a tenant's liability if the tenant accidentally causes damage or injury (a kitchen fire, an overflowing tub that damages the unit below). Renters insurance policies commonly include personal property coverage and liability coverage, often in the range of $100,000 to $300,000 in liability limits depending on the policy, and the average cost nationally runs in the range of roughly $15 to $30 a month according to industry rate surveys (rates vary widely by state, coverage limit, and provider, so treat this as a rough range rather than a firm number). Requiring it is legal in most states as a lease condition, as long as it's applied consistently to all tenants and disclosed in the lease. It doesn't replace the landlord's own insurance requirements, and it doesn't affect the landlord's separate heat, safety, or maintenance obligations discussed above; it's a risk-shifting tool, not a compliance requirement tied to licensing or inspection.
What rights do tenants have without a lease?
A tenant without a signed lease, sometimes called a month-to-month tenant or a tenant-at-will, still has legal protections under state landlord-tenant law. Those protections generally include the right to habitable housing (working heat, water, electrical, and structural safety), protection from illegal lockouts or utility shutoffs used to force them out, and a right to advance written notice before the landlord can terminate the tenancy or raise the rent, even without a written lease. The notice period for ending a no-lease, month-to-month tenancy is set by state law and commonly runs 30 days, though some states or cities (especially those with just-cause eviction protections) require longer notice or a specific legal reason for termination. A tenant paying rent that a landlord accepts, even with nothing signed, has created a legally recognized tenancy in every state; "we never signed anything" doesn't waive the tenant's rights or the landlord's obligations. Heat, by the way, is one of the rights that doesn't depend on having a lease at all. The heating-season and minimum-temperature rules discussed above apply because of the housing code, not because of anything written in a lease, so a verbal or month-to-month tenant is entitled to the same heat minimum as a tenant with a two-year signed lease.
What is landlording, and what is a landlord?
A landlord is the owner (or the owner's authorized agent) of residential or commercial property who rents that property to another party, the tenant, in exchange for rent. "Landlording" is the informal term for the day-to-day work of operating rental property: screening and placing tenants, collecting rent, handling maintenance and repair requests, complying with local housing codes (including the heat rules above), managing lease renewals and terminations, and keeping the property registered or licensed where the city requires it. It's a legal role with real obligations attached, more than a source of income. Depending on your city, being a landlord can mean carrying a rental business license, registering the unit with a housing department, passing a periodic inspection, and maintaining specific systems (heat, smoke detectors, working plumbing) to a code standard, on top of the basic landlord-tenant law duties like habitability and fair housing compliance under the federal Fair Housing Act . The scope of "landlording" work scales with unit count. A single-unit landlord renting out half a duplex has a much lighter compliance load than someone running ten units across a city with annual inspection cycles, but the underlying legal duties (heat, safety, notice, habitability) are the same regardless of portfolio size.
How to become a landlord, step by step
Becoming a landlord starts with acquiring rentable property (buying it, inheriting it, or converting a home you already own), then working through a sequence of legal and practical steps before you can lawfully rent it out. Here's roughly what that sequence looks like in most cities: 1. Confirm zoning allows rental use for the property (some cities restrict short-term or even long-term rentals in certain zones). 2. Register the rental business, if your city or state requires an LLC, business license, or landlord registration. 3. Check whether your city requires a rental license, a periodic inspection, or a unit registration before you can legally rent. Many cities with mandatory licensing programs require this before the first tenant moves in, not after. 4. Get landlord/dwelling insurance (different from homeowners insurance) and understand your obligations for heat, smoke detectors, and habitability under your state and city codes. 5. Set up a lease that complies with your state's landlord-tenant law and your city's required disclosures (lead paint disclosure under federal law for pre-1978 housing is a common one under 42 U.S.C. § 4852d ). 6. Screen tenants consistent with the federal Fair Housing Act and any additional state or local protected classes. 7. Register for and schedule any recurring inspection your city requires, and keep the license current on its renewal cycle. Step 3 is the one landlords miss most often, especially first-timers who buy a single rental and don't realize their city runs a mandatory licensing program. Skipping it can mean fines before you've even collected your first rent check. If you're getting ready for that first city inspection or license application, working from a packet built around your specific city's checklist (ours costs $79 one time, see /rental-packet-builder) is a lot faster than trying to reconstruct the requirements from scattered city PDF pages.
What can't a landlord do in Ohio?
Ohio's landlord-tenant law, codified in Ohio Revised Code Chapter 5321, sets specific limits on landlord conduct. Landlords in Ohio cannot shut off utilities, change the locks, or remove a tenant's belongings to force a tenant out without going through the formal eviction (forcible entry and detainer) process in court; this is commonly called a prohibition on "self-help" eviction . Ohio law also requires landlords to maintain the premises in a fit and habitable condition, comply with building and housing codes that materially affect health and safety, keep common areas safe and sanitary, and maintain electrical, plumbing, sanitary, heating, and ventilating systems in good working order (ORC 5321.04) . That heating-system maintenance duty is the statutory hook for heat complaints in Ohio, layered on top of whatever local heat-season ordinance a specific Ohio city (Cleveland, Columbus, Cincinnati) has separately adopted. Ohio landlords also can't retaliate against a tenant for legitimately exercising a right, like reporting a code violation, under ORC 5321.02, and there are specific rules around security deposit handling and the timeline for returning deposits after move-out. As with heat rules, Ohio cities can and do layer their own additional protections and inspection requirements on top of the state floor, so always check both the state code and your specific city's ordinance.
How do I know my city's exact heat law and inspection requirements?
The state and national examples above tell you the pattern, but the actual enforceable number in your city, whether that's the heat season start date, the minimum temperature, the notice period, or the inspection fee, comes from your specific municipal code, not a national average. City programs change these details fairly often, sometimes year to year, so a number that was accurate two years ago isn't guaranteed to still be right. The most reliable way to get the current answer is to confirm directly with your city rental licensing office or housing department, since they administer the ordinance and can tell you the exact dates, fees, and inspection scope for your address. Most cities publish a housing code chapter online (search "[your city] heating requirement rental" or "[your city] property maintenance code"), and many post the current-year licensing fee schedule and inspection checklist as a downloadable PDF. If you manage property in a city with a mandatory rental licensing or inspection program and want a single organized reference instead of hunting through code chapters, our $79 one-time City Rental License & Inspection Prep Packet at /rental-packet-builder pulls together the licensing steps, inspection checklist, and renewal timeline for your specific city into one document. It's not a substitute for checking the current city ordinance yourself, but it saves the hours of searching through scattered municipal PDFs.
Frequently asked questions
What temperature must a landlord keep an apartment at in winter?
It depends on the city, but a common standard is 68°F during the day and somewhere between 62°F and 66°F overnight, tied to a defined heating season. New York City requires 68°F from 6am to 10pm and 62°F overnight during its October 1 to May 31 Heat Season [1]. Confirm your own city's exact numbers, since they vary.
What date does the mandatory heat season usually start?
Most cold-weather cities set the mandatory heating season around October 1, running through late May or early June. New York City and Chicago both use October 1 as the start date [1][2]. Massachusetts starts earlier, on September 16, under its statewide sanitary code [3]. Check your specific city ordinance for the exact date.
Can a tenant withhold rent if there's no heat?
In many states, yes, under the implied warranty of habitability, though the exact process (notice to the landlord, escrow accounts, repair-and-deduct rules) varies by state law. Rent withholding done incorrectly can expose a tenant to eviction risk, so tenants should follow their state's specific legal procedure rather than simply stopping payment.
How to become a landlord if I've never rented out property before?
Confirm zoning allows rental use, check whether your city requires a rental license or registration before renting, get landlord insurance, prepare a state-compliant lease with required disclosures (like federal lead paint disclosure for pre-1978 units), and screen tenants consistent with the Fair Housing Act [8][9]. Many first-timers skip the city licensing step and get fined.
Who is responsible for a rental property walkthrough inspection in California?
For move-out deposit purposes, the landlord conducts the walkthrough but must offer the tenant an initial pre-move-out inspection under California Civil Code Section 1950.5, giving the tenant a chance to fix issues first [6]. Separately, some California cities run their own habitability inspection programs administered by city housing or building departments, distinct from the deposit walkthrough.
What is landlording?
Landlording is the day-to-day work of owning and operating rental property: screening tenants, collecting rent, handling repairs, complying with housing codes (including heat and safety rules), and keeping any required rental license or registration current. It's a legal role with real obligations, more than passive income collection.
What is a landlord legally required to do besides provide heat?
Beyond heat, landlords generally must keep the unit habitable (working plumbing, electrical, structural safety), maintain smoke and carbon monoxide detectors, comply with local housing and building codes, provide required legal disclosures, follow proper notice rules before entry or eviction, and register or license the rental where the city requires it.
Why do landlords require renters insurance?
Landlords require renters insurance to shift liability for tenant belongings and tenant-caused accidents away from the landlord's own dwelling policy, which typically doesn't cover a tenant's personal property or personal liability. It's a lease condition in most states as long as it's applied consistently and disclosed upfront.
What rights do tenants have without a signed lease?
A tenant without a written lease still has the right to habitable housing (including required heat), protection from illegal lockouts or self-help eviction, and a right to advance written notice, commonly 30 days, before the landlord ends a month-to-month tenancy. Paying and accepting rent creates a legal tenancy even with nothing signed.
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, including for repairs, showings, or inspections. California treats 24 hours as presumptively reasonable notice under Civil Code Section 1950.5 [6]. Emergencies (gas leaks, burst pipes, fire) are generally exempt from advance notice everywhere.
What can't a landlord do in Ohio?
Ohio landlords cannot shut off utilities, change locks, or remove belongings to force a tenant out without going through formal eviction in court, a self-help eviction ban under Ohio Revised Code Chapter 5321 [10]. They also can't retaliate against tenants for reporting code violations, and must keep heating, plumbing, and electrical systems in good working order.
What can a landlord look at during a rental inspection?
Inspectors typically check life-safety and habitability items: smoke and CO detectors, heating system function, electrical panels and outlets, plumbing, structural condition, and means of egress like windows and stairways. Scope is generally limited to what's covered in the applicable housing or property maintenance code, not unrelated personal items.
Is there a federal law requiring landlords to provide heat?
No. There's no single federal heat statute for rental housing. Heat requirements come from state sanitary or housing codes and city ordinances, which is why the season dates and minimum temperatures differ significantly between cities like New York, Chicago, and Boston [1][2][3].
What happens if a landlord is found in violation of a heat law?
Consequences vary by city but often include a code violation notice, escalating civil penalties for repeat violations, and in some cities the housing department making emergency repairs and billing the owner. In New York City, HPD can issue violations and pursue civil penalties for heat law noncompliance [1].
Sources
- Massachusetts State Sanitary Code, 105 CMR 410.201: Massachusetts requires 68°F daytime and 64°F nighttime minimums from September 16 to June 14
- National Fire Protection Association, Smoke Alarm Guidance: Smoke alarms should be installed on every level and outside sleeping areas
- California Civil Code Section 1950.5: California requires landlords to offer an initial move-out inspection and defines 24 hours as presumptively reasonable notice
- U.S. Department of Housing and Urban Development, Fair Housing Act Overview: Federal Fair Housing Act sets tenant screening and nondiscrimination requirements for landlords
- 42 U.S.C. § 4852d, Lead-Based Paint Disclosure Requirements: Federal law requires lead paint disclosure for rental housing built before 1978
- Ohio Revised Code Chapter 5321, Landlord and Tenant Law: Ohio law bans self-help eviction and requires landlords to maintain heating, plumbing, and electrical systems in good working order