After a Reddit user posted a photo of his thermostat being “locked up” by his landlord during the winter, readers had one burning question: Is this even legal?!
While landlords hold many of the cards when it comes to your rental property, there are lines that they shouldn’t cross, according to legal and real estate experts who spoke to Realtor.com®.
Here are renters rights:
Landlord locks up tenant’s thermostat: Is this legal?
Landlords are required to provide essential services, including adequate heat and hot water, as part of their duty to ensure the premises remain habitable.
That being said, the legality of this scenario in the U.S. varies depending on location.
A photo of the tenant’s alleged locked-up thermostat was uploaded by Reddit user Nebualaxy on Feb. 2.
As of this reporting, the photo has received 12,000 upvotes.
Clearly, a nerve was touched.
The thermostat was sealed in a transparent lockbox with a keyed lock, preventing the tenant from modifying the temperature.
Nebualaxy wrote: “Landlord locked the thermostat in the middle of winter to ‘prevent’ the boiler losing pressure. It still drops pressure leaving us without heating or hot water every few days.”
This photo was uploaded from the U.K., where this does indeed happen to be illegal.
“Under the Landlord and Tenant Act 1985 in the U.K., landlords must keep heating and hot water systems in good repair and working order,” says Aleks Grigoriev, a real estate expert from Sell House Fast DC.
But what if this happened in the U.S.?
Landlord Sergio Aguinaga, founder of Michigan Houses for Cash in Lincoln Park, MI, says, “Where I live in Detroit, I have to provide heat and hot water for my tenants. So locking a thermostat is against the law.”
“Deliberately disabling access to essential services such as heat and hot water may violate a landlord’s duty to provide a habitable living environment,” says attorney Chad D. Cummings, of Cummings & Cummings Law in Florida and Texas.
“While the precise legality depends on the facts and any applicable lease provisions, such actions are typically inconsistent with a landlord’s legal obligations.”
In addition, local building codes and state statutes often mandate that rental properties be maintained in a condition that meets basic health and safety standards.
“Failure to meet these requirements can subject a landlord to legal liability and tenant claims for breach of the warranty of habitability,” says Cummings.
What should a tenant do in this situation?
If you are being locked out from your thermostat, you need to first check your lease to see if there is any language about heating control terms.
Then document all instances where the heating and hot water were inadequate by saving correspondence, taking photographs, and noting the dates and times of the incidents.
“Next, the tenant should notify the landlord in writing, clearly detailing the issues and requesting prompt corrective action while citing the relevant habitability standards,” advises Cummings.
“Be sure to conform exactly to the specific notice requirements identified in the lease.”
For example, if the landlord requires that notice be sent via certified mail to a specific address, you should follow those exact instructions.
“It is important that the written notice be as specific as possible and culminate in a concrete demand for a particular resolution. Do not leave the landlord guessing,” says Cummings.
“This is important to establish good faith should the matter proceed to litigation in the future.”
If the problem persists without resolution, Cummings says, “the tenant may wish to contact local code enforcement or consult with an attorney experienced in landlord–tenant law to explore further remedies.”
Illegal landlord practices to look out for
As the Reddit post illustrates, not all landlords play by the rules, and there are sadly times when they might disregard their legal duties.
Here are some other unlawful actions landlords might take, so you know when it’s time to act:
Refusing repairs
Depending on the nature of the repair, it is generally illegal for a landlord to refuse repairs that affect the habitability of a rental property, according to Cummings.
In most states, the implied warranty of habitability obligates landlords to maintain essential services and repair conditions that could jeopardize the health and safety of tenants.
“Failure to perform necessary repairs may give rise to legal claims, including actions to withhold rent or seek damages,” says Cummings.
Invasion of privacy
Unauthorized entry into a tenant’s dwelling is typically considered an invasion of privacy and is illegal unless the landlord provides proper notice or there is an emergency.
“Tenants have a right to the quiet enjoyment of their home, and breaches of this right can result in legal liability for the landlord,” says Cummings.
Raising rent without due process
Can landlords raise the rent just because they feel like it? It depends on the terms of the lease.
Generally, rent increases must adhere to the terms set forth in the lease agreement and comply with any applicable statutory or local requirements.
“Practices like unapproved rent increases, mismanagement of security deposits, or imposition of excessive or early late fees are all potentially illegal,” says Cummings.
“Tenants should remain informed about the specific legal protections available in their jurisdiction and document any conduct that appears to contravene these standards.”
How to report a landlord’s illegal actions
Tenants can report illegal landlord actions to local housing authorities, building code enforcement agencies, or consumer protection offices, but the appropriate agency might differ among jurisdictions.
“It is advisable for tenants to review local resources and guidelines, as reporting procedures and regulatory frameworks can vary by state,” says Cummings.
What happens if you need to file a lawsuit?
If a lawsuit becomes necessary, you should compile all relevant documentation—including written communications, photographs, repair requests, and records of any related expenses—to support your claim.
“Consulting with an attorney who specializes in landlord–tenant law is essential to assess the merits of the case and to ensure that all procedural requirements are met,” says Cummings.
“An experienced attorney can guide the tenant through the litigation process and help pursue appropriate remedies, such as damages or injunctive relief.”
What to do if you’re worried about retaliation
Retaliatory actions by a landlord against a tenant who has exercised their legal rights, such as filing a complaint about issues with the property, are often prohibited by state law.
“Statutory protections exist to ensure that tenants can report problems without fear of eviction or other adverse consequences,” says Cummings.
“Tenants who experience retaliation should document all incidents and seek legal advice.”
Remember: Renters have rights, and they shouldn’t be afraid to fight for them and protect them.