Renters and Heat: Your Rights in California

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If the heat has stopped working in the home you rent, California law is on your side: working heat is one of the basic things a landlord must provide. Here is what the law says, how to ask for a repair so it counts, how long is reasonable in cold weather, and who to call in the South Bay, Peninsula, Tri-Valley and East Bay.

First: is this a safety problem?

If it is simply cold, check the thermostat mode, setpoint and batteries, and the breaker, using our no-heat checklist. Do not open the burner compartment or keep resetting the furnace; that repair is the landlord's.

What California law says about heat in rentals

Heating is a basic habitability standard

Civil Code 1941.1 lists the things a rental must have to be considered fit to live in. One of them is "Heating facilities that conformed with applicable law at the time of installation, maintained in good working order" (Civ. Code 1941.1). A lease clause waiving these rights is void, although a landlord and tenant may agree that the tenant maintains some parts of the home as part of the rent deal (Civ. Code 1942.1).

The Health and Safety Code separately lists "Lack of adequate heating" as a condition that can make a building substandard, when it exists "to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants" (H&S Code 17920.3).

The 70°F standard

Civil Code 1941.1 does not name a temperature. The number comes from state housing regulations, which generally call for heat capable of keeping habitable rooms at 70°F, measured 3 feet above the floor. When the tenant does not control the heat, the regulation calls for that heat 24 hours a day. The same section bans unvented fuel-burning heaters. Older buildings may fall under an existing-building exemption, where the standard becomes heat "as close to 70 degrees F as the existing heating facilities are capable of providing" (Cal. Code Regs. tit. 25, § 34).

What about space heaters?

We found no statewide rule saying a landlord-supplied portable heater does or does not satisfy the law. State rules speak of approved, code-compliant heating facilities. Some cities are explicit. San Francisco, for example (outside our service area), says "The landlord does not comply with these heating requirements by allowing or providing portable space heaters" (SF Rent Board). A space heater handed over as a stopgap does not close your repair request.

Step by step when the heat goes out

1. Rule out an emergency (see above).
2. Tell the landlord or manager right away. A phone call is fine for speed. The law accepts written or oral notice (Civ. Code 1942).
3. Follow up in writing the same day. The Attorney General's office advises: "Request repairs in writing, such as by text message, email, or letter. Keep copies or take photos of all requests for repairs" (CA Attorney General).
4. Keep a log of dates, conversations, indoor temperatures and technician visits.
5. Allow a reasonable time, which is short for a broken heater in cold weather (see below).
6. If nothing happens, ask your city for an inspection. Code enforcement can inspect and order the landlord to make repairs.
7. Get legal help before withholding rent or using repair and deduct.

What to put in a written repair request

• Today's date, your name, the address and unit number.
• The problem in plain words, such as "The heater does not come on."
• When it started and when you first told them (by phone, in person).
• Indoor temperature readings, with the time. A cheap thermometer about 3 feet off the floor matches how the state rule measures.
• Anyone at special risk from cold, such as a baby or an older adult.
• When a technician can get in.
• A clear request: "Please arrange a repair and tell me by text or email when a technician is booked."

How long is "reasonable" for a heater repair?

For repair-and-deduct purposes, the law presumes a tenant who waits past the 30th day after notice has waited a reasonable time, but that presumption "shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice" (Civ. Code 1942(b)). So 30 days is not a waiting period you must sit out.

The Department of Real Estate's official tenant guide is direct about heat: "if the furnace is broken and it is very cold outdoors, one to two days may be considered reasonable (assuming that a qualified repair person is available within that time period)." It also lists a "heater not working during extremely cold weather" as a problem where 30 days would not apply (California Tenants guide, 2026 edition). A mild week may be judged differently from a cold snap in the inland valleys, so write down indoor temperatures.

If the landlord does not fix it

Call local code enforcement

The Attorney General's advice: "Tell your local code enforcement office, local building department, or local health department about any unsafe or unhealthy conditions." If you are not sure which agency to call, "you can call 211 or 311 in some cities" (CA Attorney General).

• San José: Code Enforcement, 200 E. Santa Clara St., 4th Floor, (408) 535-7770. Tenants can request an inspection, and if corrections are needed the city issues a correction notice to the owner; you can ask for a copy. For rental disputes, the Housing Department's Rental Rights and Referrals Program is at (408) 975-4480 (City of San José).
• Other cities: most cities we serve handle this through their code enforcement or building department. Some, such as Oakland (City of Oakland) and Berkeley (Berkeley Rent Board), also have rent programs that take petitions for lost services.

Repair and deduct, and its limits

If the landlord neglects a repair within a reasonable time after notice, Civil Code 1942 lets a tenant pay for the repair and deduct it from rent, but only if the repair costs no more than one month's rent, and no more than twice in any 12-month period. It is not available if the tenant caused the problem (Civ. Code 1942). The DRE guide adds that the defect must be serious and directly related to health and safety, strongly recommends giving notice in writing, and suggests talking to "a lawyer, legal aid organization, or tenants' association before proceeding" (DRE guide).

If you go this route, use a licensed contractor and keep the written invoice.

Withholding rent is risky

"Withholding rent may put you at risk of eviction. If your landlord refuses to make repairs, seek legal help before deciding whether to stop paying rent" (CA Attorney General). The DRE guide notes a court case where no heat in four rooms was one of several defects that together justified withholding (DRE guide); that is not a green light on its own.

When an inspector's notice is ignored

If an inspector notifies the landlord in writing and the problem goes unfixed for 35 days without good cause, the landlord may not demand or collect rent or raise it, and can owe actual damages plus special damages of $100 to $5,000 (Civ. Code 1942.4). A tenant's complaint alone does not trigger this; the written notice from an inspector does.

Protection from retaliation

If you are current on rent, a landlord may not evict you, raise the rent or cut services in retaliation within 180 days after you, in good faith, give notice of a needed repair, complain orally about habitability, or file a complaint with an agency. It can be invoked once in any 12-month period. Where a landlord acts with fraud, oppression or malice, punitive damages of $100 to $2,000 per retaliatory act are possible (Civ. Code 1942.5).

Carbon monoxide alarms in rentals

Any dwelling with a gas heater or other fossil fuel appliance, a fireplace or an attached garage must have a carbon monoxide device approved by the State Fire Marshal (H&S Code 17926). In a rental, the owner must maintain it and it must work when you move in. The tenant must tell the owner if it stops working, and the owner must fix it (H&S Code 17926.1). Report a missing or chirping one in the same written request.

Staying warm safely while you wait

• Never heat the home with a gas oven or stovetop, and never bring a grill or generator indoors (CDC).
• If you use an electric space heater, keep it 3 feet from bedding and curtains, plug it straight into a wall outlet, and turn it off when you sleep or leave. See our space heater safety guide.

For landlords and property managers

A few habits prevent most no-heat disputes:

• Service gas heat every year. California's public health department advises: "Have a qualified technician inspect your furnace every year" (CDPH). Our maintenance service covers furnaces, heat pumps and ductless systems.
• Keep records of requests, response times and invoices.
• Act on a no-heat report the same day and tell the tenant in writing when help is booked. The state guide's one-to-two-day example is the benchmark tenants will cite.
• Check CO devices at each turnover and whenever a tenant reports a problem.
• Plan for older equipment. We work on the wall heaters and floor furnaces in many older rentals, and say plainly when repair no longer makes sense. Know the risks of old heaters.

Cool Aid, family-owned since 1966, offers owners and managers 24/7 emergency service, C-20 licensed technicians and a 1-year parts and labor warranty on every job. For multi-unit and mixed-use buildings, see our commercial HVAC services.

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Frequently asked questions

Written and reviewed by Jim McKinny, owner of Cool Aid Air Conditioning & Refrigeration — California C-20 and C-38 licensed, EPA Universal certified, second generation of a family business serving the Bay Area since 1966. Every job we complete is backed by our 1-year parts & labor warranty.