What to Do If Your Apartment Is Too Cold in Winter?

Winter can bring uncomfortable living conditions if your apartment isn’t properly heated. Whether your landlord is responsible for maintaining the heat or you need to take action yourself depends on your lease, state laws, and the cause of the cold.

1. Check Your Lease and Local Heating Laws

In most states, landlords are legally required to provide adequate heating during the winter months. However, the specific temperature requirements vary.

• New York City: Landlords must provide heat from October 1 to May 31. If the outside temperature drops below 55°F (13°C) during the day, the apartment must be at least 68°F (20°C). At night, if the temperature falls below 40°F (4°C), the apartment must be at least 62°F (17°C).
• Chicago, IL: From September 15 to June 1, apartments must maintain a temperature of at least 68°F (20°C) from 8:30 AM to 10:30 PM and 66°F (19°C) overnight.
• Texas and Florida: Heating laws are less strict, as these states have milder winters, but landlords must still ensure that heating systems function properly.

If your apartment is colder than the required temperature, notify your landlord in writing and request repairs.

2. Report Heating Issues to Your Landlord

If the heat isn’t working or is insufficient:

1. Check your thermostat. Make sure it’s set correctly and the batteries (if applicable) are fresh.
2. Inspect radiators or vents. Blocked vents or air filters may reduce heating efficiency.
3. Notify your landlord in writing. Describe the problem and request a solution.
4. Give a reasonable timeframe. Most states require landlords to fix heating issues within 24 to 72 hours.

• Example: In Boston, MA, a tenant’s heat stopped working during a snowstorm. The landlord was required to fix it within 24 hours due to extreme cold.

If the landlord ignores the issue, you may have the right to withhold rent, break the lease, or report them to local housing authorities.

3. Use Temporary Heating Solutions

If your heating system is slow to warm up or your landlord is delaying repairs, you can take temporary measures to keep your apartment warm:

• Seal drafts. Use weather stripping or towels to block cold air from windows and doors.
• Use thick curtains. Heavy curtains help insulate windows. Open them during the day to let in sunlight and close them at night.
• Add rugs. Carpets and rugs prevent heat loss through cold floors.
• Use a space heater. If allowed, an energy-efficient space heater can provide extra warmth, but always follow safety precautions.
• Layer up. Wear warm clothing and use thick blankets to retain body heat.

4. Can You Withhold Rent If Your Apartment Is Too Cold?

In some cases, tenants may have the right to withhold rent or pay for repairs themselves and deduct the cost. However, the rules vary by state.

• California: Tenants may be able to withhold rent if their apartment is too cold due to a landlord’s failure to maintain heating.
• Minnesota: Tenants can pay for emergency heating repairs and deduct the cost from rent.
• Georgia: There is no specific heating law, so tenants must negotiate with their landlord.

Before withholding rent, consult local tenant laws and send a formal notice to your landlord.

5. When Can You Break Your Lease Due to Cold?

If the apartment is consistently too cold and your landlord refuses to fix the heating issue, you may be able to break your lease without penalty.

• Legally uninhabitable conditions: If the apartment falls below habitability standards due to inadequate heating, you may have grounds to move out.
• Multiple repair requests ignored: Keep records of all complaints and responses.
• State laws on lease termination: Some states allow early lease termination for severe maintenance issues.

Final Thoughts

If your apartment is too cold in winter:

• Check your lease and local heating laws.
• Report heating issues to your landlord immediately.
• Use temporary heating methods while waiting for repairs.
• Know your rights—in some states, you may be able to withhold rent or break your lease.

If your landlord refuses to provide adequate heating, contact local housing authorities or seek legal advice.