Landlord Won't Fix the Heat? Know Your Rights and Take Action

📖 6 min read

Frustrated tenant dealing with broken heating and unresponsive landlord

No heat and your landlord won't act? Here's exactly what temperature they must maintain, how to document the problem, and what legal options you have.

You deserve heat. Your landlord is legally required to provide it.

If you’ve been asking (or begging) your landlord to fix the heating and nothing’s happening, you’re not powerless. Every state has laws that require landlords to maintain safe, livable housing, and that includes functioning heat^[1].

Quick Reference: Most states require landlords to maintain at least 68°F during the day and 62-64°F at night during heating season. California requires 70°F around the clock^[2]. Your specific requirements depend on your state and city. Keep reading for details.

↑ TopWhat Temperature Is Your Landlord Required to Maintain?

The “implied warranty of habitability” exists in every state^[1]. Your landlord must keep your rental fit for human habitation—and that includes adequate heat. Here’s what catches people off guard: these requirements are law, not suggestions, and they apply even if your lease doesn’t mention heat:

Location	Daytime Minimum	Nighttime Minimum	Heating Season
New York City	68°F (when outside < 55°F)	62°F	Oct 1 – May 31^[3]
Massachusetts	68°F	64°F	Sept 15 – May 31^[4]
California	70°F	70°F	Year-round (if landlord controls heat)^[2]
Pennsylvania	68°F	68°F	Oct 1 – May 1
Maine	68°F (even at -20°F outside)	68°F	When outside temp < 55°F^[5]

Not listed? Search “[your state] minimum temperature rental” to find your local requirements. Many cities have stricter rules than state minimums. For example, New York City’s laws are stricter than New York State’s.

What to Do Right Now
If Your Landlord Still Won’t Act
Can My Landlord Retaliate?
Managing Your Bills While You Fight
Next Steps

↑ TopWhat to Do Right Now

If your landlord isn’t fixing the heat, here’s your action plan:

1. Document everything. Start building a paper trail: photos of your thermostat showing actual temperature (with timestamps), a written log of dates/times/temperatures, all communication with your landlord (texts, emails, voicemails), and utility bills (if you’re running space heaters, your electric bill shows it). This documentation is essential for complaints or legal action.

2. Send written notice. Verbal complaints don’t create legal standing—written notice starts the clock^[6]. Send via email (for timestamp) AND certified mail (for legal proof). Include the date you first reported the issue, current indoor temperature, your address, and request repairs within 3-7 days depending on your state’s requirements. Keep copies.

3. Follow up in writing. If you don’t hear back within 24-48 hours for an emergency like no heat, follow up. Keep copies of everything.

4. File a complaint. If your landlord doesn’t respond: call 311 or contact your local housing authority, file with code enforcement or building inspector, and request an inspection to create an official record. In NYC, landlords face $250-$500/day for initial violations, $500-$1,000/day for repeat violations^[3]. In Massachusetts, inspectors can order repairs within 24 hours^[4].

↑ TopIf Your Landlord Still Won’t Act

When complaints and inspections don’t work, you may have additional legal options. These rules vary significantly by state—research yours before taking action.

Repair and deduct: In many states, you can hire someone to fix the problem yourself and deduct the cost from your next rent payment^[8]. California limits this to one month’s rent, twice per year. You must give proper written notice first and keep all receipts.

Rent withholding: Some states allow you to withhold rent until repairs are made^[9]. Critical warning: In Texas, withholding rent is illegal and can lead to eviction^[10]. Many states require you to place withheld rent in escrow. Research your state’s specific rules—improper rent withholding can result in eviction even if your complaint is valid.

Legal action: You can sue your landlord for rent reduction during the uninhabitable period, damages for utility overages (those space heater costs), and in some cases, lease termination. Contact your local legal aid society—many have tenant rights programs.

↑ TopCan My Landlord Retaliate?

A common fear: “If I complain, my landlord will evict me.”

Good news: Retaliation is illegal in most states^[11]. Landlords cannot evict you, raise your rent, or cut services because you complained to authorities about health and safety issues.

How it works:

Most states presume retaliation if a landlord takes negative action within 6 months of your protected complaint^[12]
The burden shifts to the landlord to prove they had another valid reason
In California, landlords can face up to $2,000 per retaliatory act plus attorney’s fees^[13]

Important: To claim retaliation protection, you generally must be current on rent. Landlords can still evict for legitimate reasons like nonpayment.

↑ TopManaging Your Bills While You Fight

Here’s the frustrating reality: while you’re fighting with your landlord about the heat, your bills don’t wait. If you’re running space heaters to stay warm, your electric bill is probably climbing.

The good news: Those utility overages may be recoverable as damages from your landlord. Document your utility bills from before the heating problem started versus during. This creates evidence for potential legal action.

The immediate problem: You still need to pay those bills now.

If space heaters are running up your electric bill while you wait for repairs, you can split utility bills into 4 payments over 8 weeks with Deferit. We pay your utility company directly—whether that’s Duke Energy, Georgia Power, or another provider—while you focus on getting your landlord to act. No credit check required.

Need help with your overall winter utility costs? Check out our complete guide to winter utility bill assistance or learn how to tell if your heating bill is too high.

↑ TopNext Steps

You have the right to safe, habitable housing. Your action plan:

Document temperatures, dates, and all communication
Send written notice via email and certified mail
File a complaint with your local housing authority if the landlord doesn’t respond
Research your state’s specific remedies before considering rent withholding or repair-and-deduct