Who has control over the thermostat, the landlord or the tenant?

When landlords control the thermostat, it may cause major squabbles. Learn about your options for managing the temperature in your rental.

What you will discover:

Can a landlord regulate a tenant’s thermostat?
How does an implied guarantee of habitability relate to heating and cooling?
How should landlords respond to fair temperature change requests from tenants?
What steps may a renter take if there is a problem with the heating or cooling system, and how long does the landlord have to rectify it?
What are some best practices for keeping renters satisfied when the thermostat is controlled by their landlord?

Tenants who rent single-family houses often enjoy thermostat control. Those who rent an apartment or a unit in another sort of multi-family residence, on the other hand, may not. Landlords often attempt to reduce energy bills by keeping the thermostat low in the winter and high in the summer. This technique may result in disputes between the renter and the landlord. It may also violate the landlord’s implied promise of habitability or other norms and regulations. Understanding these legal standards and how they relate to thermostat control is critical to having a positive landlord-tenant relationship.

Can a landlord regulate a tenant’s thermostat?

In most states, landlords may adjust the thermostat for their rental units. While they must offer enough heat, they are not required to provide the renter thermostat control. Having stated that, this is a state-by-state regulation. Some jurisdictions, such as Arizona, may mandate landlords to give thermostat control to renters during very hot or cold months. Before taking control of the thermostat, always verify your local legislation.

How does an implied guarantee of habitability relate to heating and cooling?

Landlords are obligated to satisfy an implied promise of habitability. This is a legal term that says landlords are required to offer some basic services, such as:

A roof to keep the elements out.
Heat.
Water that is hot.
Water that is clean.
Lighting.
Walls and flooring that are strong.
Extermination of pests.
Smoke detectors.
Locks to keep thieves out.

When it comes to thermostats, an implied guarantee of habitability has a special significance. It implies that landlords must supply enough heat throughout the colder months. In a few areas, landlords are required to offer air conditioning throughout the summer months. The minimum temperature for the heating system is typically 68 degrees, however this might vary from place to location. An implied warranty of habitability, on the other hand, seldom ensures access to the thermostat. In most jurisdictions, landlords may adjust the thermostat as long as they supply heat.

How should landlords respond to fair temperature change requests from tenants?

Because of an implicit guarantee of habitability, landlords must normally make every attempt to alter the temperature if a tenant requests it. In general, the Lease Agreement specifies how to initiate and resolve temperature adjustment requests. Lease guidance helps to eliminate miscommunications and tensions between the tenant and landlord. Allowing temperature modifications may aid in energy efficiency and cost savings. In the winter, tenants who feel overheated may simply open windows or use less efficient heating and cooling devices.

If thermostat problems persist, the landlord and tenant may reach an agreement and change the lease through a Lease Amendment. Prompt and open communication may assist to alleviate frustration. It may also guarantee that all parties are on the same page about when thermostat changes are required.

What steps may a renter take if there is a problem with the heating or cooling system, and how long does the landlord have to rectify it?

Thermostats and heating and cooling systems may malfunction. While a landlord must be fair, they may not be required to make improvements immediately when difficulties develop. If a property is warm enough in the winter and cool enough in the summer, a landlord may postpone repairs.

The initial step for renters is to tell their landlord of the situation. Tenants may take legal action if the landlord does not address the situation within a reasonable period. Tenants may file a legal complaint with a local government agency or in court. A landlord may face penalties if they do not move quickly to repair the HVAC system during periods of excessive heat or cold. They may also be required to pay for tenant relocation and housing fees while the matter is resolved.

What are some best practices for keeping renters satisfied when the thermostat is controlled by their landlord?

Landlords may do the following to keep renters happy while managing the thermostat:

Inform them of the temperature they will be using.
Respond to modify requests as soon as possible.
Use smart thermostats that only enable renters to regulate the temperature within a certain range.
Maintain the heating system and thermostat at all times.
Include in the Lease Agreement all information on the heating system and thermostat.
If anything has to be changed, provide enough warning.
Within 24 hours, replace or repair faulty systems.

The basic line is that a happy renter is a warm tenant. While adjusting the temperature might help decrease expenses, making sure renters are comfortable may need a bit more effort. Also, bear in mind that in rare cases, a landlord may be held accountable for damage caused by excessively hot or cold conditions.