heat laws nj require your landlord to keep your apartment warm enough to live in during the cold months, and the rule is set out in N.J.A.C. 5:10-14.4. If a letter or notice cites that section, it is about heat. Under heat laws nj, the key numbers are 68°F during the day and 65°F at night, from October 1 to May 1.
What Heat Laws NJ Actually Says
The rule is short. It sets a minimum temperature inside your home during the heating season. It is not a suggestion. It is part of New Jersey’s state housing regulations, which the Department of Community Affairs (DCA) enforces. You can find it summarized in the state’s Truth in Renting guide.
Heat laws nj use two temperature floors. The daytime floor is 68°F. The nighttime floor is 65°F. The exact hours that count as “day” and “night” are written in the regulation itself. Check N.J.A.C. 5:10-14.4 or ask DCA to confirm them before you log readings.
The dates matter too. The heating season runs from October 1 to May 1. As a result, heat laws nj apply through the whole winter, not just on the coldest days. Your landlord cannot wait for a “real” cold snap before turning the heat on.
| Provision | Exact rule | Section |
|---|---|---|
| Daytime minimum | 68°F | N.J.A.C. 5:10-14.4 |
| Nighttime minimum | 65°F | N.J.A.C. 5:10-14.4 |
| Heating season | October 1 to May 1 | N.J.A.C. 5:10-14.4 |
| This season | October 1, 2026 to May 1, 2027 | N.J.A.C. 5:10-14.4 |
| Day and night hours | Confirm in the regulation text or with DCA | N.J.A.C. 5:10-14.4 |
Who Heat Laws NJ Covers (and Who It Does Not)
N.J.A.C. 5:10 is the state’s code for multiple dwellings. That means apartment buildings and similar rentals the code covers. If you rent in one of these buildings, heat laws nj very likely protect you. The exact unit count that makes a building a “multiple dwelling” is in the code. Confirm it with DCA if you are unsure.
In most cases, the heat duty falls on the landlord when the landlord supplies the heat. For example, if one boiler heats the whole building, the landlord controls it. However, if you pay for and control your own heat, the rule may work differently. Read the section or ask DCA how heat laws nj apply to your setup.
What if you rent a smaller home the state code does not cover? You still have options. Many New Jersey towns have their own housing or property maintenance codes. Your local code enforcement or health office can tell you what your town requires. Also, New Jersey courts recognize a right to a livable home, which typically includes working heat.
What Your Landlord Must Do Under This Law
Your landlord must keep the heat at or above the minimums for the whole season. That means keeping the heating system working and fixing it when it breaks. Under heat laws nj, a broken boiler is the landlord’s problem to solve, not yours.
The regulation does not give a set number of days for repairs in the sources linked here. As a result, do not assume your landlord has “a week” or “a month.” Ask DCA or your local code office what timeline they enforce. Typically, a no-heat problem in winter is treated as urgent.
Your landlord also cannot punish you for complaining. For example, raising your rent or threatening eviction right after a heat complaint can be illegal retaliation. If that happens, heat laws nj are not your only protection. Talk to a legal-aid office right away.
What You Can Do When It Is Broken
Start with proof. Buy a simple thermometer. Place it in the middle of a room, away from windows and doors. Write down the date, time, and temperature each day. Take photos of the reading. Then tell your landlord in writing and keep a copy.
If the heat stays low, file a complaint. You can contact DCA through its landlord-tenant information page. You can also call your local code enforcement or health office. Inspectors can check your unit and order repairs. Penalty amounts are set by the enforcing office, so ask them what applies.
Some tenants think about holding back rent. However, this is risky. New Jersey courts allow it only in certain cases, and mistakes can lead to an eviction filing. Heat laws nj give you rights, but how you use them matters. Before you withhold anything, talk to a tenant attorney or a local legal-aid office. If you already have eviction papers, get help today.
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Frequently Asked Questions
My landlord says the heat is fine, but my thermometer says 62°F at night. Who is right?
Under heat laws nj, the nighttime floor is 65°F during the heating season. Keep dated readings and photos. An inspector from DCA or your town can take an official reading.
Does my landlord have to turn the heat on in September?
The state rule starts October 1. Before that date, heat laws nj do not set a minimum. However, your town may have its own rule, so check with your local code office.
Can I be evicted for complaining about no heat?
Punishing a tenant for a good-faith complaint can be illegal retaliation in New Jersey. You may be able to raise this as a defense if an eviction is filed. Contact a local legal-aid office right away if you get court papers.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New Jersey Renter Guides
- New Jersey Eviction Process
- New Jersey Tenant Rights
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- New Jersey Rent Increase Laws
- New Jersey Repairs and Habitability
- Breaking a Lease in New Jersey
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.