Maine Landlord Heat Requirements: The 68-Degree Rule

If your lease says the landlord provides heat, Maine landlord heat requirements set a clear floor: the heating system must be capable of maintaining at least 68 degrees Fahrenheit inside the unit when the outside temperature drops to 20 below zero. The rule comes from Maine’s implied warranty of habitability, which is built into every lease and tenancy-at-will in the state.¹

The landlord breaches that warranty in any one of three situations: the unit is kept so cold it could harm a healthy occupant, the heating system can’t reach 68 degrees when it’s -20°F outside, or the landlord doesn’t run the heat enough to keep the building’s pipes and equipment from freezing.¹

Where 68 Degrees Is Measured

The temperature isn’t checked wherever it feels coldest, and it isn’t checked in the middle of the room either. Maine law fixes the measurement point at three feet from any exterior wall and five feet above the floor. That’s where the system has to hit 68 when it’s -20°F outside. A unit that reads 68 in the center but drops off badly near the walls doesn’t meet the standard.¹

An inexpensive indoor thermometer placed at the correct distance from the wall documents any shortfall. Timestamped photos of the reading, paired with the outdoor temperature, are useful evidence later.

When the Tenant Pays for the Fuel

Many Maine leases put the fuel bill on the tenant. If you’re paying the fuel or utility provider directly and choose to run the thermostat below 68, the landlord isn’t responsible for the lower temperature. Your choices are your own.

The landlord’s habitability duty doesn’t disappear, though. The heating system itself must be properly installed, maintained, and working, no matter who buys the oil.¹ A dead furnace in January is a landlord problem regardless of who pays for fuel. A well-drafted lease should say plainly who pays for what.

Agreements to a Lower Temperature

Landlord and tenant can agree to a lower minimum, but the guardrails are strict. The agreement has to be a separate written document, printed in at least 12-point type, in plain English, and signed by both parties. It cannot drop the minimum below 62 degrees Fahrenheit. The tenant has to receive a fair and reasonable rent reduction in return, and either party can cancel with reasonable notice.¹

These reduced-temperature agreements are flatly prohibited when anyone under five or over 65 lives in the unit.¹

Give Written Notice First

Before any legal remedy is available, you have to give the landlord written notice of the problem. A phone call doesn’t count. The notice should include the date, a clear description of the heating failure, and a request for repairs. After receiving it, the landlord has to take prompt and effective steps to fix things. The statute’s phrase is “unreasonably failed under the circumstances,” which gives the landlord some time to respond but not much when the furnace is out in January.¹

One trap catches many tenants: you have to be current on your rent when you send the written notice. Falling behind first knocks out your ability to pursue the statutory remedies. Keep a copy of every notice and every follow-up email or text.

Repair and Deduct in a Heat Emergency

Maine gives tenants a self-help remedy that’s especially useful when the heat quits. If the repair cost is less than $250 or half your monthly rent, whichever is greater, you can notify the landlord in writing that you intend to make the repair at the landlord’s expense. If the landlord doesn’t fix the problem within 14 days of that notice, you can hire someone and deduct the cost from your next rent payment. In an emergency like a winter furnace failure, you don’t have to wait the full 14 days; the repair can go ahead as fast as conditions require.²

Submit an itemized statement of expenses to the landlord before you deduct. This option is not available if you live in a building with five or fewer units where the landlord occupies one of them. If the repair cost exceeds the statutory cap, you may still be able to recover the difference in Small Claims Court.²

Going to Court

If the landlord doesn’t act after written notice, you can file a complaint in Maine’s District Court or Superior Court. To prevail, you’ll need to show a condition that endangers or materially impairs your health or safety, that the condition isn’t your fault or the fault of someone under your control, that you gave written notice, that the landlord unreasonably failed to take prompt and effective action, and that you were current on rent when you gave notice. If the court agrees, the breach is treated as beginning on the date you first notified the landlord, which sets how far back any rebate reaches.¹

A court that finds a habitability breach can order the landlord to make repairs, calculate the fair value of living in the unit during the cold period, and order a rent rebate for what you overpaid. The law presumes the full rent reflects the value of a unit without habitability problems, so a rebate for weeks without heat can be substantial. If the unit has to be vacated during repairs, the court can let you leave temporarily without owing rent, and if the landlord offers reasonable alternative housing the court won’t charge the landlord extra for it.¹

One limit worth knowing: the court cannot award consequential damages on a habitability claim. Spoiled food, hotel bills, and medical expenses aren’t recoverable through this claim alone, though other legal theories may reach them.¹

Don’t Just Stop Paying Rent

Tenants sometimes assume they can withhold rent when the heat goes out. Maine law doesn’t work that way, and unilateral rent withholding is a fast route to eviction. The statute provides a judicial process instead: file a complaint, and the court decides what you owe or what the landlord owes based on the fair value of the unit during the period it was uninhabitable.¹

Until a court says otherwise, keep paying. Falling behind actively hurts your legal position because you have to be current when you give written notice. Repair and deduct is the closest thing Maine offers to a self-help rent reduction, and it comes with the limits described above.

Help Paying for Heat

If affording fuel is the real problem, Maine’s Home Energy Assistance Program (HEAP) is open to both homeowners and renters and covers heating fuel, emergency fuel delivery, and energy-related repairs. Applications for the 2025–2026 season run from August 1, 2025 through May 29, 2026 or until funds run out.³

Eligibility is based on household size and income. A single person can qualify with annual income up to $36,836, and a family of four with income up to $70,839. Applications go through your local Community Action Agency, in person, by phone, or online. Bring proof of income, ID for everyone in your household, and a recent energy bill showing the fuel you use.³

1
Maine Legislature. Maine Revised Statutes Title 14 6021 – Implied Warranty and Covenant of Habitability
2
State of Maine Attorney General. Consumer Rights When You Rent an Apartment
3
MaineHousing. Home Energy Assistance Program