Nationwide · Heat or AC Not Working
No Heat in Your Rental: What Can I Do?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in United States.
A home with no heat in cold weather is not safe. In general, landlords must keep rental homes fit to live in. The exact heat rules come from state and local law. This page covers the steps to take, staying safe, help with heating bills, and summer heat. Pick your state for the rules where you rent.
What the law says
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Heat is part of a home that is fit to live in. In general, your landlord must keep the home fit to live in and free of health and safety hazards. The exact heat rules, such as dates and temperatures, come from state and local law, so check your state's guide.
Source:- Managing rent payments, Consumer Financial Protection Bureau. A government guide.
This rule depends on where you live. See the rule in every place we cover.
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Sometimes the heat is off because the utilities (water, electric, gas) were turned off over unpaid bills. You may have protection: 42 states have cold weather rules that limit when service can be turned off. Ask your utility company what cold weather protections apply to you, and ask about help paying the bill.
Source:- National Summary, LIHEAP Clearinghouse, U.S. Department of Health and Human Services. A government guide.
This rule depends on where you live. See the rule in every place we cover.
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Extra rules apply in HUD-assisted housing (housing with federal rent help). This includes public housing and Section 8 vouchers (a paper that helps pay private rent). In climate zones that HUD names, the home must have a permanently installed heating source. Small heaters that burn gas, oil, or kerosene (a fuel oil) and have no vent to the outside are not allowed in these homes. Federal inspection standards also list extreme temperature as a health and safety hazard. If HUD insures (backs the loan on) or manages your building, report problems the landlord did not fix to HUD's Multifamily Housing Complaint Line.
Sources:- Get help for a dispute with a landlord, USAGov. A government guide.
- 24 C.F.R. § 5.703(e), Code of Federal Regulations via Legal Information Institute. An agency rule.
This rule depends on where you live. See the rule in every place we cover.
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Summer cooling is treated differently from winter heat. Most states do not have specific laws, standards, or plans about extreme heat. Do not assume you have a right to air conditioning: check your state's guide first.
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Tell your landlord
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Keep a record from the first day without heat. Write down the date the heat stopped and the indoor temperature each day, and take photos of the thermostat. When you call your landlord, write down the date and time. Note the name of the person you talked to and what they said about repairs.
Source:This rule depends on where you live. See the rule in every place we cover.
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Tell your landlord in writing that the heat is not working, and keep a copy. Ask when it will be fixed. If it is freezing in the home, call first, then follow up in writing the same day.
Sources:- Managing rent payments, Consumer Financial Protection Bureau. A government guide.
- Tips for Requesting Repairs, Office of the Attorney General for the District of Columbia. A government guide.
This rule depends on where you live. See the rule in every place we cover.
Stay safe while you wait
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Stay safe while you wait for the repair. Never heat your home with a gas oven. Never use a generator inside the home or garage. Both give off carbon monoxide (a poison gas you cannot see or smell). If you use a space heater, keep anything that can burn at least 3 feet away. Turn the heater off when you leave the room or go to bed.
Sources:- Prevention tips, Centers for Disease Control and Prevention. A government guide.
- Heating fire safety tips, U.S. Fire Administration, FEMA. A government guide.
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The Low Income Home Energy Assistance Program (LIHEAP) helps pay heating and cooling bills and can help in an energy crisis. Call the National Energy Assistance Referral Hotline at (866) 674-6327 to find your local LIHEAP office.
Sources:- Get help paying rent and bills, Consumer Financial Protection Bureau. A government guide.
- Federal Financial Assistance, Congressional Research Service, Library of Congress. A government guide.
This rule depends on where you live. See the rule in every place we cover.
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Protect your health during extreme heat. Fans help only when the indoor temperature is under 90°F: above that, a fan can raise your body temperature. If you have no cooling at home, spend the hottest hours somewhere with air conditioning. Dial 2-1-1 to find a cooling center (a public air-conditioned place).
Source:- Stay Cool, Centers for Disease Control and Prevention. A government guide.
This rule depends on where you live. See the rule in every place we cover.
If it is still not fixed
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If the landlord does not fix the heat, ask your local government for help. Call your city or county code or health office and ask about a rental housing inspection. Your state also has an agency that handles tenant rights problems. One caution from legal aid: for very bad conditions, an inspector can condemn the home and make everyone leave.
Sources:- Our editorial rules.
- Get help for a dispute with a landlord, USAGov. A government guide.
This rule depends on where you live. See the rule in every place we cover.
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If you can pay for it, a private home inspector can check the problems. This can cost money. Their written report and photos can help show the conditions in court. A private inspector only writes down the problems for you. To find one, search "home inspector" or "rental inspection" plus your city name.
Source:This rule depends on where you live. See the rule in every place we cover.
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Do not just stop paying rent because the heat is out. A landlord can start an eviction case (a court case to remove you from the home) when rent is not paid. Do not hold back rent or subtract the cost of a heater from your rent on your own. First talk to a lawyer or a housing services office about your state's rules.
Sources:- Overview, Consumer Financial Protection Bureau. A government guide.
- Managing rent payments, Consumer Financial Protection Bureau. A government guide.
This rule depends on where you live. See the rule in every place we cover.
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