Can I break my lease for no heat in Chicago?

Can I break my lease for no heat in Chicago? If your apartment is too cold during the winter and your landlord is not fixing the problem, the answer may be yes. Chicago tenants have strong legal protections when it comes to heat, and landlords are legally required to provide it. When they fail to do so, tenants may have the right to end a lease early, but only if they follow specific legal steps.

Chicago’s heat ordinance sets strict minimum temperature requirements for rental units, and the Chicago Residential Landlord and Tenant Ordinance, often called the RLTO, gives tenants clear remedies when heat is not provided. One of those remedies can be lease termination, but it is not automatic and it must be handled carefully.

In this article, we explain what qualifies as no heat or inadequate heat, what landlords are legally required to do, and how tenants can protect themselves if their apartment is unlivable. We also briefly address how these rules apply to tenants in suburban Cook County, where a different ordinance may govern your rights. Understanding which law applies to your situation is critical before deciding to move out.

Chicago’s Minimum Heat Requirements for Rental Units

In Chicago, landlords are legally required to provide working heat during the coldest months of the year. The city’s heat ordinance outlines exactly how warm rental units must be and when those requirements apply.

According to Chicago Municipal Code Section 14X-8-802.2, landlords must ensure that every habitable room, bathroom, and toilet room in a rental unit maintains a minimum temperature of 68 degrees Fahrenheit from 8:30 a.m. to 10:30 p.m., and 66 degrees from 10:30 p.m. to 8:30 a.m. These requirements apply each year from September 15 through June 1, regardless of outside temperatures.

This law applies even when tenants are responsible for paying gas or electricity. A landlord must still install and maintain permanent heating equipment that can meet the minimum temperature requirements. Cooking appliances, water heaters, and portable space heaters do not count as proper heating systems.

Some buildings use shared systems that switch between heating and cooling. In those situations, the minimum temperature may be slightly lower during brief periods in early fall or late spring. But in most buildings, failure to provide heat that meets these minimums is a direct violation of city code.

In the next section, we will look at how the law defines no heat or inadequate heat and how to know if your situation qualifies.

What Counts as No Heat or Inadequate Heat?

When tenants ask if they can break a lease for no heat in Chicago, they are often dealing with more than just a total furnace failure. Many renters live with inconsistent, insufficient, or unreliable heat that still leaves their apartment dangerously cold. Fortunately, Chicago law protects tenants from both complete loss of heat and from conditions where the heat simply does not meet legal standards.

No heat usually refers to a situation where the heating system is completely nonfunctional. But inadequate heat can also violate the law. For example, if your radiator only warms one room while the rest of your apartment stays in the low 60s, or if the heat only runs a few hours per day and then shuts off, that may still count as a legal violation under the city’s heat ordinance.

The city’s legal standard is not based on comfort – it is based on temperature. If your apartment consistently falls below 68 degrees during the day or 66 degrees overnight during heating season, the landlord may be in violation. It does not matter if you have access to space heaters. What matters is whether the permanent heating system is working and capable of maintaining the required temperature when the windows are closed.

Keep in mind that minor fluctuations may not be enough to justify legal action. But repeated or prolonged drops below the legal minimum – especially when you have notified the landlord – may trigger your rights under Chicago’s Residential Landlord and Tenant Ordinance. We will cover those rights next.

Your Rights Under the RLTO if You Don’t Have Heat

If your apartment has no heat or consistently fails to meet Chicago’s minimum temperature requirements, you may have the right to end your lease under the Chicago Residential Landlord and Tenant Ordinance, also known as the RLTO.

The RLTO gives tenants strong protections when a landlord fails to provide essential services. Heat is considered an essential service, along with water, electricity, gas, and plumbing. Under Section 5-12-110(f) you may be allowed to terminate your lease – but only if you follow the law precisely.

To do so, you must first give your landlord written notice describing the issue. If the heat is not restored within 72 hours after the landlord receives your notice, you may legally end the lease. You must move out within 30 days after that 72-hour period ends and return possession of the unit. Once that is done, your landlord must return any prepaid rent, your security deposit, and any interest owed.

However, not all rental units in Chicago are covered by the RLTO. One of the most common exemptions applies to buildings with six or fewer units where the owner lives in the building. If your unit falls under this or another exemption, the remedies described here may not apply. For a complete list of RLTO exemptions and details about whether your apartment is covered, see our full guide to Chicago Tenants’ Rights.

Even when the RLTO does apply, tenants should understand that following the law does not prevent a landlord from suing or sending the matter to collections. Some landlords still pursue claims for unpaid rent, even when the tenant followed the correct process. The key point is this: a properly drafted termination notice, delivered with the required documentation and timelines, is a legal defense to a claim for unpaid rent. Because lease terminations under the RLTO are highly technical, working with a qualified tenants’ rights lawyer greatly reduces the chances of being sued in the first place – and makes success far more likely if you are. A lawyer can help ensure every step is handled correctly so you are fully protected.

Next, we will look at other legal options you may have if your apartment does not have heat but you are not ready to move out yet.

Other Legal Remedies Besides Breaking the Lease

If your apartment does not have heat but you are not ready to move out, Section 5-12-110(f) of the Chicago Residential Landlord and Tenant Ordinance provides several legal remedies short of ending your lease. These are specifically designed for failures involving essential services like heat. They give tenants practical options when the issue creates a serious risk to health or safety and is not caused by a utility company.

Most of these remedies involve reducing or withholding rent. That can prompt a landlord to issue a five-day notice or file for eviction. Even if you follow the law, these cases can lead to court and may be expensive to defend. You should not take these steps without first consulting a tenants’ rights attorney.

Here are the four non-termination remedies available under Section 5-12-110(f):

1. Pay to restore the service and deduct the cost from rent
If the landlord does not restore heat after receiving written notice, you may pay to restore the service yourself and deduct the cost from your rent. For example, you might hire a licensed HVAC professional to fix the heating system. This remedy is authorized under Section 5-12-110(f)(1).

2. Recover damages for the reduced value of your unit
If you stay in the unit without heat, you may sue the landlord for damages based on the loss in rental value during the time the service was unavailable. This is permitted under Section 5-12-110(f)(2).

3. Temporarily relocate and recover the cost of substitute housing
If the lack of heat makes your unit unsafe or unlivable, you may move out temporarily. You are not required to pay rent during that time and may recover the reasonable cost of substitute housing, up to the amount of your monthly rent. This is included in Section 5-12-110(f)(3).

4. Withhold rent proportionate to the reduced value of the unit
Section 5-12-110(f)(4) allows you to withhold a portion of your rent that reflects the diminished value of your apartment due to the loss of heat. This is different from simply refusing to pay rent. The withheld amount must be reasonable and tied to the extent of the problem. This remedy carries risk, as landlords often dispute the amount and may still pursue eviction.

Each of these remedies requires written notice, proper documentation, and compliance with the RLTO’s technical requirements. Even small mistakes can weaken your legal position or lead to eviction proceedings. That is why you should always speak with a tenants’ rights lawyer before pursuing any remedy under Section 110(f).

In the next section, we will explain how to document heating problems effectively so you can build a strong legal record if your landlord refuses to act.

How to Document a Heating Problem the Right Way

If your apartment is too cold and your landlord is not fixing it, strong documentation can make or break your legal case. Here are the key steps to take:

1. Track and record indoor temperatures

• Use a reliable room thermometer
• Take readings at different times of day, especially early morning and late evening
• Photograph the thermometer showing the temperature in each room
• Save photos with dates and notes for your records

2. Notify your landlord in writing

• Describe the problem clearly and request repairs
• Use email, certified mail, or another method that gives you a time-stamped record
• If you speak by phone or in person, follow up with a written summary
• Keep copies of all communications

3. Call 311 and report the heat issue

• Ask for a service request number and write it down
• This creates a city record of the violation
• The city may send out an inspector or take enforcement action

4. Save receipts and other records

• Keep all proof of expenses like space heaters, hotel stays, or repair costs
• Organize photos, emails, service requests, and notes in one place
• If the matter goes to court, this file can support your legal defense or claim

These steps can strengthen your position under the RLTO, whether you choose to stay, withhold rent, or end your lease. In the next section, we will explain what to do if the landlord still does not fix the heat – and when it may be time to move out.

What If the Landlord Still Doesn’t Fix the Heat?

If you have documented the problem, given proper written notice, and the landlord still has not restored heat, you may have the right to end your lease under Section 5-12-110(f)(5) of the RLTO.

This remedy applies when your landlord fails to supply an essential service like heat, and the problem is not caused by a utility company. You may terminate the lease if:

• At least 72 hours have passed since your written notice was delivered
• The essential service has not been restored

If those conditions are met, you may move out and return possession of the apartment to the landlord. You must do so within 30 days after the 72-hour period ends. Once possession is returned, the landlord must return your security deposit, any prepaid rent, and interest as required by law.

It is important to understand that even if you follow the rules, your landlord may still disagree with your decision to terminate. Some landlords sue for unpaid rent or send the matter to collections. Whether your defense holds up in court depends on how well you followed the RLTO’s procedures.

Because lease termination is a serious legal step with long-term consequences, it is strongly recommended that you speak with a lease break lawyer before moving out. A lawyer can help you evaluate your case, prepare your notice, and reduce the risk of a legal dispute.

Next, we will look at how the law treats apartments that technically have some heat, but not enough to meet the city’s legal minimums.

What If My Apartment Has Some Heat, But It’s Still Too Cold?

Many tenants wonder whether they can take legal action if their apartment has some heat but still feels unreasonably cold. The short answer is yes – Chicago law sets specific temperature requirements, and your landlord must meet them, not just provide partial or occasional warmth.

Under the Chicago Municipal Code, landlords must maintain indoor temperatures of at least 68 degrees Fahrenheit from 8:30 a.m. to 10:30 p.m., and at least 66 degrees from 10:30 p.m. to 8:30 a.m., between September 15 and June 1. These standards apply regardless of how much heat is being supplied. If your apartment routinely falls below these minimums, the law considers it a violation – even if the radiators are warm or the heat runs part of the day.

Tenants often face situations where only one room is heated, the system cycles unpredictably, or the temperature drops overnight. In these cases, the issue may still qualify as a failure to provide heat under the RLTO. The key factor is whether the apartment as a whole meets the required temperature standards during the heating season.

If your landlord claims the heat is working, but your apartment remains below the legal minimums, it is especially important to document the problem carefully. Take daily temperature readings, photograph your thermometer, and record the times and locations. This kind of evidence is often critical if you need to assert your rights later, whether in negotiations, in court, or through a legal notice.

In the next section, we will address how these legal protections apply outside the City of Chicago, particularly for tenants in suburban Cook County.

Do These Rights Apply Outside of Chicago?

If you live in suburban Cook County, your rights as a tenant may still be protected – but the rules are different. The Chicago Residential Landlord and Tenant Ordinance (RLTO) applies only within the City of Chicago. For tenants outside city limits, a different law may apply: the Cook County Residential Tenant and Landlord Ordinance, known as the CCRTLO.

The CCRTLO covers most Cook County municipalities that do not have their own landlord-tenant ordinances. Like the RLTO, the CCRTLO treats heat as an essential service and gives tenants specific remedies when it is not provided. These remedies include:

• Withholding rent in proportion to the reduced value of the unit
• Paying to restore the service and deducting the cost from rent
• Terminating the lease if the heat is not restored within 72 hours of written notice

The procedures under the CCRTLO are similar to those in Chicago but not identical. For example, some notice requirements and damage calculations differ. Certain towns in Cook County (Oak Park and Evanston) may also have their own local ordinances, which could offer stronger or weaker protections.

To know what law applies to your situation, first check whether you live in the City of Chicago. If not, determine whether your municipality is covered by the CCRTLO or has its own rental ordinance. Because this area of law is complex and developing, it is a good idea to speak with a tenants’ rights lawyer who is familiar with the rules in your area.

In the next section, we will look at examples of tenants dealing with heating problems and what happened when they tried to assert their rights.

Examples of Tenants Terminating Their Lease Over No Heat

Every winter, tenants in Chicago and suburban Cook County face serious heating problems. Some are forced to leave their apartments when landlords fail to act. The following examples illustrate how different outcomes can result depending on how the tenant handles the situation. The key factors are whether the tenant follows the legal process, gives proper notice, and keeps documentation.

Example 1: Lease terminated after 72-hour notice under the RLTO
Marcus lived in a garden apartment in Chicago where the heat regularly stayed below 62 degrees during January. After two weeks of unresolved complaints, he gave his landlord written notice explaining that the lack of heat violated the RLTO and that he would terminate the lease if the problem was not fixed within 72 hours. When the landlord failed to act, Marcus moved out on day four and returned the keys. He documented the temperatures, saved copies of the notice, and had proof of when possession was returned. Although the landlord later demanded unpaid rent, Marcus’s attorney sent a formal response citing Section 5-12-110(f)(5). The matter did not go to court.

Example 2: Lease terminated after only oral notice, no legal help, and tenant lost in court
Dana lived in a one-bedroom apartment in Chicago where the heat barely reached 60 degrees at night. She told her landlord several times over the phone that the unit was too cold and asked for repairs. After two weeks without improvement, she moved out and left the keys in the mailbox. Three months later, she was sued for unpaid rent. Dana tried to defend herself in court, explaining the situation to the judge, but the landlord’s lawyer pointed out that she had no written notice, no temperature records, and no proof of possession return. The court ruled in favor of the landlord. Dana was ordered to pay $9,000.00 plus court costs and now has a judgment on her record and her wages are being garnished.

Example 3: Tenant withheld rent and faced eviction in Cook County
Jasmine rented a second-floor unit in a building in suburban Cook County. Her heat worked on and off, and the bedrooms were always cold. She withheld part of her January rent, hoping it would force her landlord to act. Instead, she received a five-day notice and was served with an eviction complaint. Jasmine eventually won in court under the CCRTLO, but only after hiring an attorney and attending multiple hearings. She later said she would not have withheld rent without legal advice if she could do it over.

Example 4: Temporary relocation with documented expenses
Mr. Alvarez, a senior tenant on the North Side, lost heat during a cold snap in February. His daughter called 311, and the city confirmed the violation. The landlord explained that a boiler replacement would take at least five days. Mr. Alvarez relocated to a nearby hotel and kept all receipts. After moving back in, he deducted the hotel cost from his rent under Section 5-12-110(f)(3). Because his documentation was in order and he followed the proper process, the landlord did not challenge the deduction.

These examples show that tenants can assert their rights under the law, but results vary based on how the situation is handled. Proper written notice, documentation, and legal advice often make the difference between a clean break and a costly dispute.

Need Legal Help With a Heating Dispute or Lease Termination?

If you are living in a cold apartment and your landlord refuses to fix the heat, you may have legal options. But you should not try to navigate them alone. Terminating a lease or withholding rent without following the law can lead to eviction, lawsuits, and long-term financial consequences.

Landlords take represented tenants much more seriously. In many cases, simply receiving a notice from an attorney causes the landlord to back down and reassess whether pursuing the tenant is worth the effort. This is especially true for larger landlords and property managers, who often default to the path of least resistance. When a tenant has a lawyer, the landlord’s cost-benefit analysis changes. Bullying tactics like sending the matter to collections or filing a lawsuit become less attractive.

Brabender Law helps tenants in Chicago and Cook County assert their rights under the RLTO and CCRTLO. We know how to document heating violations, enforce lease protections, and push back when landlords try to ignore the law. If needed, we can represent you in court and work to secure a clean exit, financial recovery, or both.

Whether you are still living in the unit or have already moved out, it is not too late to get help. Contact us today to discuss your options.

For more information about your rights as a renter, visit our Tenant Rights or Early Lease Termination practice area pages.