NJ Landlord Heat & Hot Water Laws: Tenant Rights Guide

As a renter in New Jersey, you have the right to a safe and livable home—including reliable heat and hot water. Understanding what your landlord is legally required to provide can help you address problems quickly and protect your well-being during the cold months.

Understanding Heat and Hot Water Requirements in New Jersey

New Jersey law requires landlords to maintain certain minimum standards for heat and hot water in residential rental properties, especially during the colder parts of the year. These regulations are designed to protect tenant health and safety, and are enforced by local building or code enforcement offices.

Minimum Heat Requirements

• Heating season: From October 1 through May 1 each year.
• Minimum indoor temperature: Landlords must supply heat so that every habitable room is at least 68°F (20°C) between 6:00 a.m. and 11:00 p.m., and 65°F (18°C) between 11:00 p.m. and 6:00 a.m.
• Responsibility for providing heat cannot be shifted to the tenant in multi-unit buildings unless the tenant has exclusive control of an individual heating unit.

These requirements apply to all rental dwellings except certain owner-occupied buildings with two or fewer rental units.^[1]

Hot Water Requirements

• Continuous hot water: Landlords must provide hot water at all times—365 days a year.
• Minimum temperature: Hot water must be at least 120°F (49°C) and not more than 160°F (71°C).

If your apartment is not receiving adequate heat or hot water, the issue typically qualifies as a “habitability” concern under New Jersey law. This means your landlord must fix the problem within a reasonable time after notification.

What to Do if Your Apartment Lacks Heat or Hot Water

If you’re having issues with heat or hot water:

• Contact your landlord or property manager to report the problem in writing. Be specific about the dates and conditions.
• Keep a copy of your communication and any responses.
• If the issue is not resolved promptly, you can report the problem to your local health department or municipal building code enforcement office.

In many New Jersey cities, housing or code enforcement officials will send an inspector to verify the lack of heat or hot water. If the problem remains unresolved, they may order repairs, impose fines, or in urgent cases, arrange emergency repairs at the landlord’s expense.

How to File a Complaint or Request an Inspection

To start a formal complaint or inspection process:

• Find your municipality’s local code enforcement office or health department.
• Call or visit to submit a complaint—many offices accept submissions via phone, online forms, or in person.
• For severe or unaddressed cases, tenants may also file a complaint with the New Jersey Department of Community Affairs (DCA) Code Enforcement.

Relevant Official Forms for Tenants

• New Jersey DCA Complaint Form
  When to use: If your landlord fails to address serious heat or hot water issues, you can file a Housing Code Complaint.
  Example: A tenant experiences no heating for several days in January. After notifying the landlord with no result, the tenant completes the official form.
  NJ Code Enforcement Complaint Form (PDF)
• Habitability Reporting (Municipal)
  When to use: For all immediate habitability concerns, including lack of heat during the heating season, report to your local code official or health department. Each municipality may have its own reporting process and forms; check your city or town’s official website via the NJ Local Code Enforcement Directory.

Remember to keep documentation of all communications, complaints, inspections, and repairs for your records.

Eviction and Rent Withholding: What the Law Allows

New Jersey law does not allow landlords to retaliate by evicting or raising rent simply because you complained about heat or hot water issues. In certain severe cases, you may have the right to withhold a portion of your rent or arrange for repairs and deduct the cost (“repair and deduct”), but these steps should be taken with great care and, ideally, after consulting legal aid or tenant services.^[2]

Key Agencies and Laws Protecting Renters

• Residential tenancies in New Jersey are regulated by: New Jersey Superior Court – Landlord/Tenant Section.
• Primary legislation: New Jersey Administrative Code, Title 5, Chapter 28 – Maintenance of Hotels and Multiple Dwellings (see §5:28-1.12 for heat and hot water).
• New Jersey Department of Community Affairs Landlord-Tenant Information

FAQs: Heat and Hot Water Rights for New Jersey Renters

1. What is the legal minimum heat my landlord must provide in New Jersey?
   During the heating season (October 1–May 1), rental units must be at least 68°F during the day (6 a.m.–11 p.m.) and 65°F at night (11 p.m.–6 a.m.).
2. Can I withhold rent if my apartment doesn't have heat?
   You may be permitted to withhold all or part of your rent, but only after giving written notice and following proper legal steps. It's recommended to seek legal advice before withholding rent.
3. Who do I call if my landlord refuses to fix heat or hot water issues?
   Report the issue to your local code enforcement office or health department first. If problems continue, file a formal complaint with the New Jersey Department of Community Affairs.
4. Is my landlord responsible for hot water year-round?
   Yes, landlords must provide hot water 24/7, all year. Hot water must be between 120°F and 160°F.
5. Can my landlord retaliate if I complain about no heat?
   No, New Jersey law forbids landlords from retaliating (for example, by evicting you or raising your rent) for reporting habitability issues like a lack of heat or hot water.

Conclusion: Your Rights to Heat and Hot Water in New Jersey

• Landlords must provide adequate heat from October to May and hot water throughout the year for New Jersey tenants.
• Tenants should notify landlords promptly in writing and escalate to local or state code enforcement if issues continue.
• Rental laws and city or township enforcement protect your right to a safe, habitable home—don’t hesitate to seek help if needed.

Need Help? Resources for Renters

• New Jersey Department of Community Affairs (DCA) – Code Enforcement: Get guidance, file habitability complaints
• New Jersey Superior Court, Landlord/Tenant Section: Information on housing court procedures
• Legal Services of New Jersey: Housing Rights: Free or low-cost tenant legal advice
• Text of NJAC 5:28 – Housing Code
• Directory of Local Code Enforcement Offices

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1. See New Jersey Administrative Code 5:28-1.12 (Heating and Hot Water Requirements)
2. For tenant protections and remedies, see NJAC 5:28, NJ DCA Landlord-Tenant Resources, and Superior Court – Landlord/Tenant Section.

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