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Tenant Rights Guide

My Landlord Won't Fix the AC or Heat: Rights and Remedies

A broken heater in winter or broken AC during a heat wave is not a routine maintenance request — it is a habitability failure. Here's exactly what the law requires your landlord to do, how fast they must act, and what remedies you have if they refuse.

Updated May 2026 13-min read Not legal advice

In This Guide

  1. 1.Heating and Cooling as Habitability Requirements
  2. 2.Heating Laws: Minimum Temperature Requirements
  3. 3.Air Conditioning: When It's Required
  4. 4.How to Give Proper Written Notice
  5. 5.Repair-and-Deduct: How It Works
  6. 6.Rent Withholding and Rent Escrow
  7. 7.5-State Comparison Table
  8. 8.Emergency Situations: Extreme Heat or Cold
  9. 9.Retaliation After You Complain
  10. 10.Frequently Asked Questions
This is informational content, not legal advice. Habitability laws vary significantly by state and city. For urgent situations, contact your local housing code department and a tenant rights organization immediately.

Heating and Cooling as Habitability Requirements

The implied warranty of habitability is the bedrock principle of landlord-tenant law. Recognized in virtually every state, it requires landlords to maintain rental units in a condition fit for human habitation — regardless of what the lease says. A lease clause that tries to shift HVAC maintenance to tenants or waive the habitability warranty is generally unenforceable.

Adequate heating during cold weather is universally recognized as a habitability requirement. Air conditioning is more variable by state — though the trend, particularly in hot-climate states, is to treat functioning AC in a unit that was delivered with AC as a habitability component.

Key principle: A landlord who refuses to fix a heating or cooling failure after receiving proper written notice is not exercising a legitimate legal position — they are breaching both their statutory habitability duty and their lease obligations. Your remedies (notice, repair-and-deduct, rent withholding, code complaint, lease termination) are designed for exactly this situation.

Heating Laws: Minimum Temperature Requirements

Some jurisdictions set specific minimum indoor temperatures landlords must maintain during heating seasons. Here's a survey:

JurisdictionMinimum TemperaturePeriodAuthority
New York City68°F (daytime, when outdoor temp <55°F); 55°F (overnight)Oct. 1 – May 31Admin. Code § 27-2029
Chicago68°FOct. 15 – June 1RLTO § 5-12-110
Boston68°F (daytime); 64°F (overnight)Sept. 15 – June 15105 CMR 410.201
Philadelphia68°F minimumOct. 1 – Apr. 30Philadelphia Property Maintenance Code
San Francisco68°FDuring cold weatherSF Housing Code § 701
California (statewide)No specific number; adequate heating requiredHeating seasonCivil Code § 1941.1(a)(7)
Texas (statewide)No minimum; landlord must repair heating that affects health or safetyYear-roundProp. Code § 92.056
Florida (statewide)No minimum; landlord must maintain functional heating/cooling facilitiesYear-roundFla. Stat. § 83.51(1)
If you live in a jurisdiction with a specific minimum temperature requirement, document indoor temperatures using a thermometer and take photos with timestamps when temperatures fall below the legal minimum. This evidence is decisive in a housing code complaint or court proceeding.

Air Conditioning: When It's Required

The legal obligation for air conditioning is less universal than for heating — but it is far more common than many landlords claim. Here's the framework:

  • If AC was provided at move-in: Most courts treat a working AC system as part of what you are renting. The landlord's duty to maintain the unit in the same condition extends to the AC. Landlords who argue "AC isn't in the lease" when you moved into a unit with a working system are on weak legal ground.
  • Hot-climate jurisdictions with explicit AC rules: Phoenix (City Code § 37-10) requires cooling systems capable of maintaining 85°F or below in rental units. Maricopa County has similar requirements. Arizona state law (A.R.S. § 33-1324) requires functioning "cooling facilities" as a habitability component.
  • Extreme heat as a habitability violation: California courts have recognized that indoor temperatures exceeding 90°F can constitute a habitability failure regardless of whether AC was part of the original unit. This principle is gaining traction nationally as climate changes create more frequent extreme heat events.
If your unit is experiencing dangerous indoor heat — above 85–90°F — document it with a thermometer, date-stamped photos, and medical records if heat exposure affects you or your family. This elevates the claim from a maintenance dispute to a habitability emergency.

Does your lease spell out the landlord's repair obligations for HVAC?

Many leases contain vague repair clauses or shift HVAC maintenance to the tenant in ways that conflict with state habitability law. Know what your lease actually says — and whether it's enforceable.

Review My Lease — $9.99

How to Give Proper Written Notice

Written notice is a prerequisite for virtually every remedy — repair-and-deduct, rent withholding, housing code complaints, and lease termination. Here's what your notice must include:

  1. Date of notice
  2. Specific description of the problem: "The central air conditioning unit has been non-functional since [date]" or "The heater is not producing heat above 58°F"
  3. The date you first noticed and reported the problem (if previously reported verbally)
  4. Reference to the habitability statute in your state (e.g., California Civil Code § 1941; Texas Property Code § 92.056)
  5. A specific repair deadline — typically 24–72 hours for heating failures in cold weather; 7 days for other urgent repairs
  6. Notice of your intent to exercise your legal remedies if the deadline is not met

Send by email (timestamped) and certified mail with return receipt. If you have already sent verbal or informal notices, explicitly reference them in your written notice: "This follows my verbal notice on [date] and my text message on [date]."

Keep every communication about HVAC in writing. Landlords and property managers sometimes "lose" verbal reports. If you called the office, send a follow-up email the same day: "This confirms my phone call this afternoon reporting that the heater is not working."

Repair-and-Deduct: How It Works

In states that authorize it, repair-and-deduct allows you to hire a licensed contractor to fix the HVAC problem yourself and deduct the cost from your next rent payment — without your landlord's consent — after they have failed to make the repair within the legal timeframe.

1

Give proper written notice

Your landlord must receive written notice of the problem and have had the legal amount of time to repair without doing so. For heating in winter, most states treat this as urgent — 24–72 hours.

2

Hire a licensed contractor

Get at least two quotes if possible. The contractor must be licensed if your state requires licensure for HVAC work. Keep all documentation: contracts, invoices, and proof of payment.

3

Get the repair done

Have the work completed and the system verified as functional.

4

Deduct from rent

In your next rent payment, deduct the repair cost (up to your state's cap). Send a written notice to your landlord with a copy of the invoice explaining the deduction and the legal authority for it.

5

Keep all documentation

Your landlord may dispute the deduction. Keep copies of: your original notice, the contractor invoice, any response from your landlord, and proof that you sent the deduction notice.

Repair-and-deduct is not available in all states. States that recognize it include California, Texas, Arizona, Washington, Oregon, Massachusetts, and many others. States that generally do not include New York (for most tenants), Georgia, and some others. Check your state's specific statute before using this remedy.

Rent Withholding and Rent Escrow

Rent withholding — stopping rent payment until repairs are made — is a high-risk remedy that can result in eviction if done improperly. The safer alternative in most states is rent escrow: continuing to set rent aside in a dedicated account without paying it to the landlord, to show good faith and preserve the funds for a court proceeding.

Before withholding or escrowing rent:

  • You must have given proper written notice and allowed the statutory time to pass
  • The repair failure must constitute a significant habitability violation — not a minor inconvenience
  • You must continue paying rent into the escrow account, not simply stopping payments
  • File a housing code complaint to create an official record of the condition
  • Consult a local tenant rights organization or attorney before proceeding
In New York, the standard approach is not proactive rent withholding — it is raising the repair failure as a defense to an eviction proceeding. If your landlord sues for nonpayment, you present the habitability failure as a defense and counterclaim. This is a specialized procedure; consult a local housing attorney.

5-State Comparison Table

StateHeat LawAC LawRepair-and-DeductNotice Required
CaliforniaNo minimum temperature statute; but heating is a habitability requirement (Civil Code § 1941.1(a)(7))No explicit AC statute; but AC present at move-in and dangerously high temperatures can support habitability claimUp to 1 month's rent (Civil Code § 1942); cannot be used more than once in 12 monthsWritten notice; reasonable time to repair (courts interpret narrowly for urgent issues)
New YorkNYC: 68°F when outdoor temp <55°F (Oct. 1–May 31, 6am–10pm); 55°F overnight. NYC Admin. Code § 27-2029No state or NYC minimum for AC; but withholding of lease-included AC services may support rent reductionNot widely available; rent withholding defense in eviction proceedings more commonWritten notice; NYC HPD emergency line for heat emergencies
TexasHeating is a habitability requirement (Prop. Code § 92.061); landlord must repair within 7 days of written noticeAC repair required if it "materially affects the health or safety of an ordinary tenant" — courts in hot-climate cities have upheld thisUp to 1 month's rent after landlord's 7-day failure to repair (§ 92.0561)7 days written notice; can shorten to 3 days for second notice after failed repair
FloridaLandlord must provide functioning heating (§ 83.51(1)); habitability standard appliesFlorida courts have recognized broken AC as a habitability issue given the climate; no explicit statutory minimumFlorida does not have a statutory repair-and-deduct right; rent withholding is available under § 83.201 for immediate hazardsWritten notice; 7 days for standard repairs (§ 83.201)
IllinoisChicago RLTO: minimum 68°F (Oct. 15–June 1) (§ 5-12-110); statewide: habitability standardChicago: AC included in lease is a required service; landlord must maintain itChicago RLTO: repair-and-deduct up to $500 or 1/2 month rent after 24-hour written notice for heat; general repairs require reasonable notice24 hours for heat/AC in Chicago RLTO; reasonable time statewide

Emergency Situations: Extreme Heat or Cold

When temperatures inside your unit reach levels that pose an immediate health or safety risk — extreme cold in winter or extreme heat in summer — the normal repair timelines compress dramatically. What to do immediately:

Document the temperature: Take a photo of a thermometer inside your unit. Note the outdoor temperature. Do this multiple times per day.
Notify your landlord in writing immediately: Send an email and a text. Be explicit: "The indoor temperature is 48°F at 8pm. This is an emergency." Keep the timestamp.
Call your local housing code or building department: Most have emergency lines for habitability failures. An inspector can issue an immediate order requiring repair.
Provide access for emergency repair: Make yourself available immediately. Emergency repairs may require same-day entry.
Seek temporary alternative accommodation if unsafe: If the temperature is dangerous — especially for children, elderly, or medically vulnerable occupants — seek temporary housing. Keep receipts. These costs may be recoverable.

Retaliation After You Complain

Filing a housing code complaint, making a repair-and-deduct deduction, or asserting your habitability rights are all protected activities under landlord retaliation statutes in most states. If your landlord responds to your HVAC complaint by issuing an eviction notice, raising your rent, or engaging in harassment, that is likely illegal retaliation.

Document everything: the date you made the complaint, the landlord's response, and the timeline between your protected activity and any adverse action. Most states create a rebuttable presumption of retaliation if adverse action occurs within 60–180 days of a protected tenant activity.

Does your lease spell out the landlord's repair obligations for HVAC?

Many leases contain vague repair clauses or shift HVAC maintenance to the tenant in ways that conflict with state habitability law. Know what your lease actually says — and whether it's enforceable.

Review My Lease — $9.99

Frequently Asked Questions

Is a landlord legally required to provide heating?
Yes. The implied warranty of habitability — recognized in virtually every state — requires landlords to maintain rental units in a condition fit for human habitation. Adequate heating during cold weather is universally considered a basic habitability requirement. Most states set specific minimum temperature standards: New York City requires landlords to maintain at least 68°F from October 1 through May 31 when outdoor temperatures fall below 55°F, and at least 55°F at night (NYC Admin. Code § 27-2029). California courts have held that habitability requires adequate heating facilities. Texas Property Code § 92.061 requires landlords to repair heating systems that materially affect the health or safety of a tenant. Broken heat is never a minor repair request — it is a habitability failure.
Is my landlord required to provide air conditioning?
This is more complicated than heating. Most states do not have a statutory requirement for air conditioning — but if your unit has an AC system that was working when you moved in, your landlord is generally obligated to keep it in working order under the implied warranty of habitability. The argument is that you are paying for a unit with AC and the landlord has impliedly warranted its working condition. Arizona, Texas, and several other hot-climate states have stronger obligations in this area. The Phoenix City Code and similar local ordinances in hot-climate cities often treat AC as a habitability component. Even in states without explicit AC laws, extreme heat can create a habitability violation — California courts have held that dangerously high indoor temperatures can constitute a habitability failure.
How long does a landlord have to fix a broken heater or AC?
Most states require landlords to make habitability repairs within a "reasonable time" after written notice. For heating failures in cold weather, most courts interpret "reasonable time" very narrowly — often 24–72 hours. For AC in extreme heat conditions, similar urgency applies. Specific statutory timeframes include: California (reasonable time, courts interpret as very short for life-safety issues); Texas (7 days after written notice for conditions materially affecting health and safety, including heating and cooling, under Prop. Code § 92.056); Arizona (5 days after written notice for emergency conditions under A.R.S. § 33-1363); New York City (24 hours for heat failures during the heating season). Failure to repair within these windows triggers your remedies.
Can I withhold rent if my landlord won't fix the heat or AC?
Rent withholding is a powerful remedy but a risky one if not done properly. The procedure varies by state. In New York, tenants may raise lack of services as a defense to an eviction proceeding rather than proactively withholding. In California, a tenant may withhold rent only after very specific conditions are met — many attorneys advise using rent escrow instead. In Texas, rent withholding is not generally authorized until after the landlord has had proper notice and failed to repair. The safer approach in most states: put the rent into a separate escrow account rather than spending it, continue giving written notice, and file a housing code complaint. This way you are not spending the rent and can demonstrate good faith.
What is repair-and-deduct and can I use it for AC or heat?
Repair-and-deduct is a statutory remedy that allows tenants to hire someone to fix a habitability problem and deduct the cost from rent, after proper notice to the landlord. Most states that recognize it set a cap: California limits deductions to one month's rent (Civil Code § 1942). Texas allows rent deduction up to one month's rent after the landlord has failed to repair within the statutory timeframe (Property Code § 92.0561). Arizona allows repair-and-deduct up to $300 or one-half month's rent, whichever is greater (A.R.S. § 33-1363). For a broken heater, repair-and-deduct is often the most practical remedy — heating repair can be done quickly and costs are often within the statutory cap.
My landlord keeps making temporary fixes that stop working. What can I do?
A pattern of failed temporary repairs is itself a habitability violation. Document every repair attempt with dates and photos, along with when the problem recurred. After the second or third failed repair, send a written notice stating that the landlord's repair attempts have been inadequate and that the condition constitutes an ongoing habitability failure. In Texas, a tenant may terminate the lease if the landlord has made two prior repair attempts that were ineffective (Prop. Code § 92.056(e)). In California, a pattern of inadequate repair supports a rent reduction action in housing court. File a housing code complaint — the code inspector's records of repeated inspections documenting the same condition are powerful evidence.
Can I hire a hotel room and charge my landlord if heat or AC is out?
In some states and circumstances, yes. If a landlord's failure to provide habitable conditions (no heat in winter, extreme heat in summer) makes the unit genuinely uninhabitable, you may have the right to "constructive eviction" remedies — treating the condition as equivalent to being forced from your home. Some states allow recovery of temporary housing costs as a consequential damage. However, this is a high-stakes maneuver: you generally need to have given proper notice and allowed a reasonable repair period first. Don't move out and then try to charge costs without legal guidance. Instead, document the temperature (with a thermometer and photos) and file a housing code complaint first.
Do I have to let my landlord into my apartment to fix the heater?
Yes. If your landlord wants to make repairs — including HVAC repairs — you must provide access after proper notice (typically 24–48 hours in most states, except for emergencies where same-day entry is allowed). Refusing to let your landlord in for repairs can waive your habitability claims — courts are unsympathetic to tenants who complain about broken heat while refusing repair access. Coordinate scheduling actively, confirm the appointment in writing, and document if the landlord schedules and then cancels.
My landlord says the AC isn't in my lease, so they don't have to fix it. Are they right?
Probably not if the AC was working when you moved in. The implied warranty of habitability means that amenities and systems present in the unit at the start of your tenancy are generally included in what you are renting. A landlord cannot argue that because AC isn't explicitly mentioned in the lease, they have no duty to maintain it — particularly if the unit was marketed as air conditioned, the lease says the unit comes with all appliances, or if local law (such as Arizona and Texas municipalities) treats AC as a habitability component.
Who pays if I buy a space heater because my landlord won't fix the heat?
In theory, the landlord does — but you must follow the proper notice and demand procedure. Buy the space heater, document why (with a written record of your repair requests), keep the receipt, and include the cost in a demand letter to your landlord. If the landlord refuses to reimburse, these costs can be added to a small claims court claim. In states with repair-and-deduct rights, the cost of a space heater may qualify as a repair expense you can deduct from rent — though this is best confirmed with a local tenant rights organization first.

Related Guides

Habitability Standards: What Every Landlord Must ProvideLandlord Repair Response Time LawsLandlord Retaliation Laws by StateBalcony and Outdoor Space Tenant Rights
Disclaimer: This guide is for general informational purposes only and does not constitute legal advice. Habitability and landlord-tenant laws vary significantly by state and city. For urgent situations involving dangerous temperatures, contact your local housing code department immediately and consult a licensed attorney.