As temperatures drop this Winter, it’s important to familiarize yourself with rights and protections put in place to keep renters safe and secure. Many states have specific laws and restrictions related to heating and cooling, while others have broader protections and guidelines. We’ll break down your rights as a renter to ensure you are safe and warm this winter season.

Implied Warranty of Habitability

What is the implied warranty of habitability? Meeting the requirements of implied warranty of habitability requires the landlord to comply with the relevant law in their state or city jurisdiction related to the habitability of the rental unit. This can include but is not limited to heating, hot water, and plumbing issues. 

Right to a habitable home

In most standard lease agreements there will be language detailing the renters right to a safe and habitable home. If you experience issues with your heat, hot water, or plumbing, your landlord is required to address these issues within a reasonable timeframe to ensure that the unit is safe and habitable for renters. If these conditions are not addressed, your landlord may be in violation of the lease agreement and the renter could therefore pursue legal action. 

Timely response to complaints and repair requests 

Your lease will also detail the requirements for making necessary repairs to your unit. The language in your lease will define which maintenance requests are either considered standard or emergency. Emergency requests will need to be resolved within a certain timeframe, while standard maintenance requests can be dealt with as scheduling allows, within reason. 

Emergency maintenance requests related to the winter months 

So, what is considered an emergency maintenance request? An emergency maintenance issue is any situation where the renter is put in harm’s way. In the winter, this would include issues with the heating source in your unit, flooding or leaks, and power outages lasting longer than a few hours. If you experience any of these issues, you should submit an emergency request either via your online request portal or with your landlord directly. 

Heating laws varying by city and state 

Laws and regulations for renter safety vary by city and state. If you are facing an issue with your apartment heat, you should first research your local laws and regulations and then reference your lease agreement for supporting information. Here are a few examples of heating regulation laws in a few select cities.

Chicago 

The Department of Buildings in Chicago enforces minimum requirements for all existing rental buildings as part of the Chicago Heat Ordinance. This ordinance mandates that landlords supply heat to residential apartments where occupants do not have individual control of the heat, and that heating equipment is kept in good working condition during the winter months. Renters may still be responsible for utility bills associated with the heating and cooling. 

NYC

The New York City Department of Housing Preservation states that all residential building owners are required to maintain indoor temperatures at 68 degrees when outdoor temperatures fall below 55 degrees during the day. Indoor temperatures must also be a minimum of 62 degrees overnight, regardless of outdoor temperatures. This is commonly referred to as “heat season” by NYC residents. Building owners are also legally required to provide hot water at 120 degrees year-round.

San Francisco 

The San Francisco Housing Code states that a permanent heating source must be provided that is capable of maintaining a minimum room temperature of 70 degrees Fahrenheit in all habitable rooms of the rental, excluding hallways and bathrooms. If a landlord fails to provide a working heating source after being requested by the tenant and or building inspector, the renter may file a Tenant Petition at the Rent Board for a rent reduction. 

Renter’s rights related to snow removal

Snow removal is another concern for renters in the winter months. In some cases, the landlord may require the tenant to be responsible for Snow Removal if stated in the rental agreement. This is often the case when renting a house or condo. However some states do have snow removal laws in place for rental buildings. Most states with these codes in place will require landlords to perform snow removal from common areas and sidewalks within 12-24 hours after snowfall. To learn if snow removal is required in your area, research your local law and regulations.

Final thoughts

Winter brings about new challenges to apartment residents. As you brave the cold this season, we urge you to reference your lease agreement if unsure of your tenant and landlord responsibilities, and to conduct research on your local and state laws related to implied warranty of habitability. Always consult a legal professional before withholding rent or violating the terms of your rental agreement. 

Editor’s note: This article does not constitute legal advice. Always consult a legal professional with questions regarding your rights as a renter. 

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