Landlord won’t fix heat or AC — and you’re stuck in a unit that’s freezing cold or dangerously hot. Take a breath. This is a common problem, and you have real legal rights. In most states, working heat is not optional — it’s required by law. If your landlord won’t fix heat or AC, you can take specific steps to force repairs or protect yourself.
Is This Even Legal? Your Rights When Landlord Won’t Fix Heat Or AC
Almost every state has a law called the “implied warranty of habitability.” In plain English, it means your landlord must keep your home livable. Working heat is part of that in every state. When a landlord won’t fix heat or AC, they are likely breaking this law. You didn’t sign up to live in a unit with no climate control.
Air conditioning is trickier. Most states only require your landlord to maintain AC if the unit already had it when you moved in. However, a few states — like Arizona and Nevada — treat AC as an essential service that must always work. Local rules matter too. For example, Dallas requires cooled air from April 1 through November 1.
The exact rules, deadlines, and remedies vary by state. Here are some concrete examples:
| State | Heat Required? | AC Required? | Notice Period | Tenant Remedy |
|---|---|---|---|---|
| California | Yes (Civ. Code §1941.1) | Only if already installed | 30 days (reasonable time) | Repair-and-deduct up to 1 month’s rent, max 2× per year |
| Texas | Yes | Only if in lease; Dallas requires it Apr 1–Nov 1 | 3 days for heat/AC emergencies (Prop. Code §92.0561) | Repair-and-deduct up to 1 month’s rent or $500, whichever is greater |
| Arizona | Yes | Yes — essential service (ARS §33-1364) | 5 days for health/safety issues | Repair-and-deduct actual cost; landlord pays for substitute housing |
| New York (NYC) | Yes — min 68°F daytime, 62°F nighttime (Oct 1–May 31) | No | Report to 311; HPD issues violations | Rent withholding; court-ordered rent abatement |
| Nevada | Yes | Yes — essential service (NRS §118A.380) | 48 hours for essential services | Repair-and-deduct up to 1 month’s rent, once per 12 months |
What to Do Right Now (Step by Step)
When your landlord won’t fix heat or AC, act quickly but calmly. Here is what to do in order:
1. Document the problem today. Take photos of the broken system. Use a thermometer to record the indoor temperature. Screenshot the outdoor temperature from a weather app. Write down the date and time. This evidence matters if you end up in court. 2. Send written notice to your landlord. State the exact problem, the date it started, and ask for a repair by a specific deadline.
For example: “The heating system in Unit 3A has not worked since June 5, 2026. I request repair within 7 days.” Send it by certified mail with return receipt requested. Also send a copy by regular mail and email.
3. If the deadline passes with no repair, you typically have options. In most cases, you may be able to hire a licensed repair company yourself and deduct the cost from your next rent payment. This is called “repair and deduct.” Alternatively, some states let you withhold rent entirely until the repair is made. As a result, your landlord may finally act. However, always check your state’s specific rules or talk to a legal-aid office before withholding rent — doing it wrong could put you at risk of eviction.
How to Protect Yourself in Writing
If your landlord won’t fix heat or AC, a paper trail is your best friend. Courts care about written proof. A verbal complaint — even if your landlord heard every word — is hard to prove later. Written notice is what protects you.
Send your repair request by certified mail, return receipt requested. The green card you get back proves your landlord received it. Keep the receipt, a copy of the letter, and the tracking number. In Texas, for example, certified mail means you only need to send one notice instead of multiple attempts. Also save every text message, email, and voicemail between you and your landlord about the problem.
Take a temperature reading at least twice a day — morning and evening — and write down each one with the date and time. If a code enforcement inspector visits, keep the complaint number. This paper trail shows a pattern. If your landlord won’t fix heat or AC and you end up in Housing Court, a judge will want to see exactly when you reported the issue and how long it went unresolved.
When to Get Help (Legal Aid or an Attorney)
Sometimes a written notice is not enough. If your landlord won’t fix heat or AC after the legal deadline has passed, it may be time to call for help. This is especially true if you have children, elderly family members, or anyone with a medical condition in the home. Extreme cold or heat can become a health emergency fast.
Contact a local legal-aid office or tenant rights attorney if your landlord retaliates against you for complaining — for example, by threatening eviction, raising your rent, or cutting off other services. Retaliation is illegal in most states. In California, landlords who retaliate can face penalties under Civil Code Section 1942.5. In Illinois, there is a rebuttable presumption of retaliation if the landlord acts within one year of your complaint.
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You can find free legal help through LawHelp.org, which connects you to legal-aid offices by ZIP code. You can also dial 2-1-1 for referrals to local tenant services. Many Housing Courts have free self-help desks where staff can explain your options. If your landlord won’t fix heat or AC and you live in HUD-assisted or Section 8 housing, contact your local Public Housing Authority and the HUD complaint line at 1-800-685-8470.
Frequently Asked Questions
Can my landlord evict me for complaining about broken heat or AC?
No. Most states have anti-retaliation laws that protect tenants who report habitability problems. If your landlord won’t fix heat or AC and then tries to evict you for asking, that may be illegal retaliation. However, you should document every interaction and contact a legal-aid office if you receive an eviction notice after making a repair request.
Does my landlord have to provide air conditioning?
It depends on your state. Arizona and Nevada treat AC as an essential service that must always work. In most other states, your landlord must maintain AC only if the unit had it when you moved in. Some cities — like Dallas — have their own rules requiring cooled air during summer months. If your landlord won’t fix heat or AC that came with the unit, they are typically violating the warranty of habitability.
Can I just stop paying rent until the heat or AC is fixed?
In some states, yes — but be careful. Rent withholding is allowed in New York, Florida (after 7 days’ written notice), and parts of Illinois. However, if you do it wrong, your landlord could try to evict you for nonpayment. Typically, the safest approach is to talk to a local legal-aid office before you withhold rent. They can tell you whether your state allows it and how to do it properly. When your landlord won’t fix heat or AC, repair-and-deduct is often the lower-risk option.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
See Tenant Rights in All 50 States →
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 June 2026. If you notice outdated information, please contact us.
Related Guides
- Tenant Rights by State (50-State Guide)
- More in This Category
- Tenant Scenarios — What to Do When…
- Notices, Letters & Documents
- Comparison Guides
- Tenant Rights Legal Glossary
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.