Heat and hot water are basic habitability requirements in San Francisco. Your landlord must provide both year-round, and you have legal recourse if they don't.
Heat Requirements
Your apartment must be capable of maintaining at least 68°F in all habitable rooms when it's 35°F outside.
Hot Water Requirements
Hot water must be available 24/7 at temperatures between 110°F and 120°F at the tap.
Detailed Heat Requirements
Under California law and SF Housing Code:
- Heating must be adequate — Capable of maintaining 68°F in all habitable rooms
- Year-round requirement — SF's cool summers mean heat may be needed anytime
- Heating equipment must be safe — In good working order, properly vented
- Gas heaters — Must be properly maintained and have no leaks
Who Pays for Heat?
In SF, landlords must provide adequate heating equipment. Who pays the utility bill depends on your lease:
- Some buildings include heat in rent
- Many units have tenant-paid utilities (gas or electric heat)
- Check your lease for who pays PG&E
Hot Water Requirements
- Available 24 hours a day
- Temperature: 110°F-120°F at the tap
- Reasonable wait time — Water should heat up within a reasonable time
- Adequate pressure — Sufficient for normal use
What to Do If You Have No Heat
Step-by-Step Action Plan
- 1Notify your landlord in writing
Email or text so you have a record. Describe the problem and request immediate repair.
- 2Document the problem
Take photos of thermometer readings, keep a log of times without heat.
- 3Give landlord reasonable time to repair
For emergencies like no heat in cold weather, 24-48 hours is reasonable.
- 4If no response, file a complaint
Contact SF Building Inspection at 311 or (415) 558-6220.
Emergency: No Heat in Cold Weather
If you have no heat and it's dangerously cold, call 311 to report an emergency housing complaint. SF Building Inspection may be able to expedite an inspection.
311 (or 415-701-2311 outside SF)
Your Legal Options
Repair and Deduct
Under California Civil Code 1942, if your landlord fails to repair:
- You can hire someone to fix the problem
- Deduct the cost from your rent
- Maximum: one month's rent
- Can only use twice in 12 months
- Important: Follow proper procedures—give written notice and reasonable time first
Rent Reduction Petition
For rent-controlled units, you can petition the SF Rent Board for a rent reduction due to decreased services/habitability.
Withholding Rent
This is legally risky. Consult with a tenant rights organization before withholding rent.
Preventing Problems
- Test heat before signing a lease — Turn on heaters during your apartment visit
- Run hot water — Check temperature and how long it takes to heat up
- Know your building's heating system — Radiators, forced air, wall heaters all have different maintenance needs
- Report issues immediately — Small problems become big ones
Gas Heater Safety
If you smell gas or suspect a carbon monoxide leak, leave immediately and call PG&E at 1-800-743-5000. Don't use light switches or phones inside. This is a life-threatening emergency.
Resources
Who to Contact
- SF Building Inspection: 311 or (415) 558-6220
- SF Rent Board: (415) 252-4602
- SF Tenants Union: (415) 282-6622
- PG&E (gas emergencies): 1-800-743-5000