Boston averages about 48 inches of snow per year, and winter temperatures often sit around 29°F in January. Reliable heat is not a luxury, it is essential. Massachusetts law requires landlords to provide adequate heating during the winter months, and violations are taken seriously.
No Heat? Act Now.
1. Contact your landlord immediately
Call, text, and email. Report the issue right away and keep records of every message.2. Call Boston Inspectional Services
(617) 635-4500. Heat outages during winter are treated as urgent housing violations.3. Document the temperature
Take photos of a thermometer showing the indoor temperature along with the date and time. This helps support your complaint if the issue continues.
Massachusetts Heat Requirements
Daytime
Nighttime
These temperatures must be maintained in habitable rooms, such as living rooms, bedrooms, and kitchens.
Hot Water Requirements
Legal Temperature Range: 110°F – 130°F
Hot water must be available 24 hours a day, 365 days per year. Water below 110°F or above 130°F is considered a violation of the Massachusetts State Sanitary Code.
Who Pays for Heat?
This depends on the terms of your lease. In Boston, there are two common arrangements:
- Heat included — The landlord pays for heating. They are responsible for maintaining the required indoor temperatures regardless of energy costs.
- Tenant pays — The tenant pays the gas, oil, or electric heating bill directly. However, the landlord must still ensure the heating system is functioning properly.
System MaintenanceEven if you pay for utilities, the landlord is legally responsible for maintaining the heating equipment. If the boiler, furnace, or heating system breaks, it is the landlord’s responsibility to repair it immediately.
What to Do If the Heat Goes Out
Step 1: Document the Problem
Start gathering evidence immediately.
- Take photos of a thermometer showing the indoor temperature with the date and time visible.
- Keep a written log of every hour the heat was missing or below the required temperature.
- Save all records of calls, texts, and emails sent to your landlord.
Step 2: Notify Your Landlord
Contact your landlord in writing immediately. Email is best because it creates a clear paper trail. Be specific: "The temperature in my living room is currently 58°F, which is below the legal minimum of 68°F."
Step 3: File a City Complaint
If the landlord does not respond or fix the issue within a few hours during extreme cold, contact the city:
- Boston Inspectional Services (ISD): (617) 635-4500. Inspectors can investigate and issue official state violations.
- Boston 311: Request a heat inspection. Lack of heat in winter is treated as a priority emergency.
Step 4: Know Your Legal Options
If the problem continues, Massachusetts law provides several stronger options:
- Rent withholding: You may be able to withhold rent for serious violations, but you must follow strict legal procedures to avoid eviction.
- Repair and deduct: In limited cases, you can pay for emergency repairs yourself and deduct the cost from your rent.
- Housing Court: You can file a "Temporary Restraining Order" (TRO) to force a landlord to restore heat immediately.
Get Legal Advice FirstBefore withholding rent or taking legal action, speak with a tenant advocacy organization. These actions can backfire if done incorrectly. One resource is City Life / Vida Urbana, a tenant rights and advocacy group: (617) 227-4878.
Emergency Situations
If temperatures drop dangerously low and your apartment has no heat:
- Stay safe. Use space heaters carefully and never leave them unattended. Wear layers and stay in one room to retain heat.
- Find a warming center. If conditions become unsafe, call 311 to locate the nearest city warming center or emergency shelter.
- Contact ISD Emergency. Call (617) 635-4500 immediately. Do not wait until the next business day if it is a weekend.