What's the lowest temp a landlord must legally provide?

Last updated 2026-07-26

what is the lowest temperature a landlord is required to provide?

There's no federal heat minimum for rental housing. Heat requirements come from state landlord-tenant statutes, state building codes, or local housing codes, and the actual degree number varies a lot by city. The most common pattern in large-city housing codes is 68°F during the day and 65°F at night, during a defined heating season (often October 1 through May 31 or similar dates). New York City's Housing Maintenance Code is the model a lot of other codes borrow from: owners must maintain an indoor temperature of at least 68°F between 6am and 10pm when the outdoor temperature falls below 55°F, and at least 62°F between 10pm and 6am regardless of outdoor temperature, during the heat season of October 1 to May 31 ^[1]. Chicago's municipal code sets 68°F from 8:30am to 10:30pm and 66°F overnight, during a heating season of September 15 to June 1 ^[2]. Some states handle it through a general habitability standard instead of a hard number. California's implied warranty of habitability requires "heating facilities that conform with applicable law at the time of installation, maintained in good working order" under Civil Code Section 1941.1, without naming a specific degree ^[3]. That means the number, if there is one, usually comes from the local building code or health code, not state law. So the honest answer is: check your city's housing code or municipal code section on heat, not a general internet number. If your city has mandatory rental licensing or inspection, the heat standard is very likely spelled out in the same chapter that covers your license, confirm with your city rental licensing office for the exact degree and hours that apply where you own property.

is there a federal law that sets a minimum rental temperature?

No. There is no federal statute that sets a minimum indoor temperature for rental housing. HUD's Housing Quality Standards, used for Section 8 and public housing inspections, require that "the housing has a safe system for heating" and that it be able to keep temperature at a level that protects health, but HUD does not publish one national degree threshold that applies everywhere ^[4]. The actual number always comes from state or local law layered on top. This is why heat minimums differ so much city to city. A landlord in Minneapolis, Chicago, and a small town with no rental code at all could each be operating under a completely different legal heat floor, or none at all, depending entirely on local ordinance.

what temperature counts as too cold in a rental unit?

In cities with a written standard, "too cold" means the unit falls below whatever number and time window the local code sets, typically 68°F daytime and 62 to 65°F overnight during heating season. Below that, it's usually a code violation the tenant can report. Minneapolis's rental licensing rules require heat to be maintained at a minimum of 68°F during the day and set specific hours for that requirement, tied to the city's rental license and inspection program ^[5]. Philadelphia's property maintenance code requires 68°F during the day (7am to 10pm) and 65°F at night in habitable rooms from October 1 through May 1 ^[6]. A few things trip landlords up here. First, the standard usually only applies during the defined heating season, a broken furnace in July generally isn't a code violation the same way, though it may still violate a general habitability duty. Second, most codes measure the temperature the heating system is capable of producing, not what a tenant chooses to set the thermostat to. If a tenant turns the heat down to save money and then complains it's cold, that's different from a system that can't reach the required temperature at all.

do all states require a minimum heat temperature?

No, and this is a common source of confusion. Some states set a specific number in a statute or state building code. Others leave it to local ordinance, and some rural or non-code areas have no numeric heat requirement at all, just a general habitability duty to provide a working heating system. Where a city has adopted the International Property Maintenance Code (IPMC), the default provision requires 68°F during the day and 65°F at night from a specified heating season start date ^[7]. But a lot of cities amend that number when they adopt the IPMC locally, so the base IPMC text isn't a safe substitute for checking your actual city code. If your property is in a mandatory rental licensing city (and if you're reading this because you got an ordinance notice, it probably is), your heat obligation is almost certainly written into the same municipal code chapter that covers your license and inspection requirements. That's the section to pull, not a general "tenant rights" summary from another state.

what happens if a landlord doesn't provide enough heat?

Consequences range from a code violation notice and fine to the tenant's right to withhold rent, repair-and-deduct, or in extreme cases break the lease, depending on your state and city. Cities with rental inspection programs often treat a heat failure as an emergency-priority violation with a short correction window, sometimes 24 to 72 hours. In New York City, tenants without adequate heat can file a complaint with 311, and the city's Department of Housing Preservation and Development can issue violations and, in serious or repeated cases, the city can perform emergency repairs and bill the owner ^[1]. Many states also allow tenants to pursue a rent escrow or repair-and-deduct remedy when essential services like heat fail, though the exact procedure (notice period, dollar caps, court involvement) differs significantly by state statute. For a landlord, a heat violation during a scheduled rental inspection is one of the more expensive things to get flagged for, because it often triggers a re-inspection fee on top of the fine, plus the cost of the actual repair. If you're already dealing with a licensing notice or inspection deadline, it's worth confirming your city's specific heat standard and correction timeline before the inspector shows up, not after.

how much notice does a landlord have to give before entering to fix heat or do other repairs?

Most states require landlords to give "reasonable notice," commonly defined as 24 hours, before entering an occupied unit for non-emergency repairs, though the exact number varies by state statute. California requires "reasonable notice in writing," which the statute presumes to be 24 hours unless circumstances suggest otherwise, under Civil Code Section 1954 ^[8]. Emergencies are the exception. If a heating system failure creates a health or safety risk, most state laws allow landlords to enter without advance notice, or with much shorter notice, specifically because a no-heat situation is often treated as urgent by both statute and municipal code. For routine, non-emergency entry (a scheduled repair visit, a rental license inspection, a walk-through), plan on the standard notice period your state sets and put it in writing. Verbal notice is legal in some states but harder to prove if a tenant later disputes it.

what can a landlord look at during a rental inspection?

A rental inspection, whether it's a city licensing inspection or your own periodic walk-through, generally covers safety systems (smoke and CO detectors, electrical, heating), structural condition, and code compliance items like egress windows, handrails, and pest issues. It is not a general search of the tenant's belongings. City rental licensing inspections typically check: working smoke and carbon monoxide detectors, a functioning heating system capable of meeting the local minimum temperature, safe electrical outlets and panels, secure handrails and stairs, proper egress from bedrooms, no active leaks or mold, and functioning locks on exterior doors. Some cities add specifics, like Minneapolis's rental license inspection checklist, which covers structural, mechanical, and life-safety items tied to its licensing program ^[5]. What an inspector generally cannot do is rummage through drawers, closets full of personal items, or areas unrelated to the systems being checked. The inspection is about the condition of the property, not an audit of how the tenant lives. If you're prepping for a first inspection, it helps to walk the unit yourself against your city's published checklist beforehand, most inspection failures are for things a landlord could have caught and fixed in twenty minutes: a dead smoke detector battery, a missing handrail bolt, a thermostat that doesn't reach the required minimum temperature.

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

In California, the landlord is responsible for conducting move-in and move-out inspections when requested, and for making the initial walk-through inspection available to the tenant before move-out if the tenant asks. Civil Code Section 1950.5 gives tenants the right to request an initial inspection before they move out, so they get a chance to fix any deductible issues before the landlord assesses the security deposit . The landlord (or their agent, like a property manager) has to give the tenant at least 48 hours' written notice before the initial move-out inspection, and if the inspection finds items the tenant could fix, the landlord has to give an itemized list of what needs correcting. A separate final inspection happens after move-out to assess the actual deposit deductions. For city-mandated rental licensing inspections in California cities (Los Angeles's Systematic Code Enforcement Program is a well-known example), a city inspector, not the landlord, performs that inspection, and it's a separate process from the security deposit walk-through under the Civil Code.

what rights do tenants have without a written lease?

A tenant without a written lease still has full legal protection under state landlord-tenant law, most of which applies regardless of whether there's a signed lease. That includes the right to habitable housing, protection from illegal lockouts, required notice before entry, and required notice before eviction or rent increases. An oral or undocumented rental agreement is usually treated as a month-to-month tenancy by default in most states. The tenant still has to pay rent and follow reasonable rules, but the landlord still has to follow the same habitability, entry-notice, and eviction-notice rules that apply to any tenancy. The lack of paperwork doesn't strip away statutory tenant protections, it just makes some things (proving what was agreed to about rent amount, pet policy, who pays utilities) harder to establish if there's a dispute. This matters for the heat question specifically: a habitability duty to provide working heat generally exists by statute or code regardless of lease terms, a landlord can't waive it out of an oral agreement.

why do landlords require renters insurance?

Landlords require renters insurance mainly to shift liability for the tenant's personal property and for injuries or damage the tenant causes, off the landlord's own policy and onto the tenant's. A landlord's own property insurance covers the building itself, not the tenant's belongings, and it typically doesn't cover a tenant's liability if their guest gets hurt or their negligence causes a fire. Requiring renters insurance is legal in most states as a lease condition, and many landlords set a minimum liability coverage amount, commonly in the $100,000 range, though this isn't a legal requirement, it's a landlord's own risk management choice. It's also relatively cheap for tenants: the average cost of a renters insurance policy nationally has generally run in the range of $12 to $20 a month according to insurance industry data, though rates vary by state and coverage level. For a landlord, requiring it is a low-cost way to reduce exposure to disputes over tenant property loss (a No-heat pipe burst that ruins a tenant's furniture, for example) and to make sure there's a policy to pursue if the tenant's negligence damages the unit.

what can't a landlord do in ohio?

Ohio landlords are barred from a specific list of actions under the state's Landlord Tenant Act, Ohio Revised Code Chapter 5321. A landlord cannot shut off utilities, change locks, or remove a tenant's belongings to force them out (self-help or illegal lockout), cannot retaliate against a tenant for reporting a code violation or joining a tenant organization, and cannot enter the unit without reasonable notice except in an emergency . Ohio Revised Code 5321.04 requires landlords to keep the premises in a fit and habitable condition, comply with building and housing codes, keep common areas safe, and maintain all electrical, plumbing, and heating systems supplied by the landlord in good working order . That heating-system maintenance duty is where Ohio's version of the heat question lives, the statute doesn't name a specific degree, so the numeric floor (if a city has adopted one) comes from local housing code in cities like Cleveland or Columbus, not from state law itself. Ohio Revised Code 5321.02 specifically prohibits retaliatory conduct, including a landlord raising rent, decreasing services, or threatening eviction because a tenant complained to a government agency about a housing code violation, like inadequate heat . That protection matters for a tenant reporting a heat problem: state law is designed to prevent a landlord from punishing that complaint.

how to become a landlord (and what "landlording" actually means)

Becoming a landlord means acquiring rental property (buying, inheriting, or converting a home you already own) and then complying with the state and local legal framework that governs renting it out, which usually includes registering the property, getting any required rental license, and following state landlord-tenant law on things like security deposits, notice periods, and habitability. "Landlording" is the ongoing practice of managing that rental relationship: collecting rent, handling maintenance and repair requests, doing move-in and move-out inspections, keeping the unit compliant with local codes (heat minimums included), and following legal procedures for entry, notice, and, if needed, eviction. A landlord is the owner (or their authorized agent) who leases residential or commercial property to a tenant in exchange for rent, and who takes on the legal duties that come with that relationship. Practically, the steps to become a landlord usually look like this: confirm the property is zoned and permitted for rental use, check whether your city or county requires rental registration or licensing (a lot of mid-size and large cities do, and this is often where new landlords get caught off guard), get any required inspection scheduled before you can legally rent, get landlord liability insurance and consider requiring renters insurance from tenants, and build a lease that reflects your state's specific notice, deposit, and entry-notice rules rather than a generic template pulled from another state. If your city requires a rental license or inspection and you're not sure what the packet needs to include, tenant rights and renters rights guides are a good starting point for understanding what a tenant can expect from you legally, and our $79 one-time City Rental License & Inspection Prep Packet is built specifically to help landlords in mandatory-licensing cities get organized before an inspection date, including the kind of heat, smoke detector, and egress items inspectors check most often.

how to be a landlord day to day: what actually matters most

Day to day, being a landlord comes down to a short list of recurring duties: responding to maintenance requests promptly (heat and hot water failures especially, since these carry the shortest legal correction windows in most cities), giving proper notice before entry, keeping the unit compliant with your local housing code, handling security deposits according to your state's specific rules on timing and itemization, and documenting everything in writing. The heat question is a good example of why documentation matters. If a tenant reports no heat and you fix it within your city's required window, having a timestamped work order or text message showing when you responded is what protects you if the same tenant later disputes it, or if a code inspector asks for records during a rental license renewal. A lot of first-time landlords underestimate how much of "landlording" is really compliance paperwork: license renewals, inspection scheduling, lead paint disclosures where required, security deposit itemization deadlines. None of it is complicated on its own, but missing one deadline (a license renewal, a re-inspection window, a heat repair timeline) is usually what turns a small issue into a fine.

Frequently asked questions

What is the lowest legal temperature a landlord has to provide in an apartment?

It depends entirely on your city or state. Common local standards require 68°F during the day and 62 to 65°F at night during the official heating season, as in New York City and Philadelphia's housing codes. There is no single national number, check your city's housing or property maintenance code for the exact figure that applies where you own property.

Is there a federal minimum temperature law for rentals?

No. There's no federal statute setting a minimum indoor rental temperature. HUD's Housing Quality Standards require a safe, functioning heating system for Section 8 units but don't set one national degree number. The actual temperature floor always comes from state or, more often, local housing and building codes.

What happens if my landlord won't fix a broken heater in winter?

Depending on your state, you may be able to report it to your city's housing code enforcement office, withhold rent through a legal escrow process, use a repair-and-deduct remedy, or in serious cases treat it as a lease-ending habitability breach. Procedures and deadlines vary heavily by state, check your state's landlord-tenant statute or contact local housing counsel.

How to become a landlord for the first time?

Confirm your property is legally zoned for rental use, check whether your city requires rental registration, licensing, or inspection before renting, get required insurance in place, and build a lease that matches your state's specific rules on deposits, entry notice, and habitability. Many mid-size and large cities require a license before you can legally advertise a unit.

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

The landlord or their agent is responsible for offering and conducting the initial move-out walk-through inspection if the tenant requests one, under California Civil Code Section 1950.5, with at least 48 hours' written notice. A separate final inspection happens after move-out. City rental licensing inspections are performed by a city inspector, not the landlord.

What is landlording?

Landlording is the ongoing work of managing a rental property: collecting rent, handling repairs and maintenance, doing inspections, keeping the unit code-compliant (heat, smoke detectors, electrical), and following legal procedures for notice, entry, and eviction. It's the day-to-day practice, as opposed to simply owning rental property.

What is a landlord?

A landlord is the owner of a rental property, or their authorized agent, who leases residential or commercial space to a tenant in exchange for rent. Along with collecting rent, a landlord takes on legal duties like maintaining habitability, following notice-before-entry rules, and complying with local rental licensing and inspection requirements where they apply.

What rights do tenants have without a written lease?

A tenant without a written lease is generally still protected by state landlord-tenant law, including habitability rights, entry-notice requirements, and eviction-notice periods. An undocumented rental agreement usually defaults to a month-to-month tenancy. The lack of paperwork doesn't waive statutory protections, though it can make proving specific terms harder in a dispute.

How to be a landlord without getting fined for code violations?

Respond fast to maintenance requests, especially heat and hot water; document everything in writing; track license renewal and inspection dates on a calendar; and walk your own unit against your city's published inspection checklist before the official inspection. Most fines come from missed deadlines or small fixable items, not major structural problems.

Why do landlords require renters insurance?

Renters insurance shifts liability for a tenant's personal belongings and personal liability off the landlord's policy. A landlord's building insurance doesn't cover a tenant's furniture or a guest's injury claim. Requiring it, often with a minimum liability amount like $100,000, is a common and legal risk-management step, not a state-mandated requirement.

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

Most states require "reasonable notice," commonly interpreted as 24 hours, before entering for non-emergency reasons like repairs or inspections. California's Civil Code Section 1954 presumes 24 hours is reasonable. Emergencies, like a no-heat situation posing a health risk, generally allow entry with less or no advance notice.

What can a landlord look at during a rental inspection?

A rental or city licensing inspection generally covers safety systems like smoke and CO detectors, the heating system's ability to meet local minimums, electrical safety, stairs and handrails, egress windows, and signs of leaks or pest issues. It is not a general search of personal belongings or areas unrelated to code compliance.

What can't a landlord do in Ohio?

Under Ohio Revised Code Chapter 5321, a landlord can't shut off utilities or change locks to force a tenant out, can't enter without reasonable notice except in emergencies, and can't retaliate against a tenant for reporting a code violation. Landlords must also keep heating, electrical, and plumbing systems in good working order.

Does the minimum temperature rule apply all year or just in winter?

Almost every city's heat minimum applies only during a defined heating season, commonly starting around September 15 or October 1 and running through May or June 1. Outside that window, most codes don't set a numeric heat requirement, though general habitability duties to maintain a working heating system usually still apply.

Sources

1. California Civil Code Section 1941.1: California's habitability standard requires functioning heating facilities without naming a specific degree
2. HUD Housing Quality Standards, 24 CFR 982.401: HUD requires a safe heating system for Section 8 housing without setting a national temperature number
3. City of Philadelphia Property Maintenance Code: Philadelphia requires 68°F daytime (7am-10pm) and 65°F at night, October 1 through May 1
4. International Code Council, International Property Maintenance Code: IPMC default heat provision requires 68°F daytime and 65°F nighttime during heating season
5. California Civil Code Section 1954: California presumes 24 hours' written notice is reasonable before landlord entry
6. California Civil Code Section 1950.5: Tenants can request an initial move-out inspection with 48 hours' written notice before assessment
7. Ohio Revised Code Section 5321.04: Ohio landlords must maintain heating, electrical, and plumbing systems and comply with housing codes
8. Ohio Revised Code Section 5321.02: Ohio law prohibits landlord retaliation against tenants who report housing code violations