Can you be evicted in the winter?
Short answer: In most states, yes: there is no general winter ban on evictions. A few states limit evictions or utility shutoffs in cold weather, and utility-commission rules can protect tenants from heat shutoffs.
If your heat is at risk, contact your utility and your state's utility commission as well as legal aid.
The rule in every state
Each answer below links to the statute or official page it comes from (51 of 51 jurisdictions verified).
| State | Winter / cold-weather rules |
|---|---|
| Alabama | No statute. Alabama's landlord-tenant Act (Ch. 35-9A) has no cold-weather or winter limit on evictions. A landlord may not cut heat, water, electricity or gas to force a tenant out, in any season. Ala. Code Title 35, Ch. 9A (checked); § 35-9A-407 |
| Alaska | No winter limit. The Alaska Department of Law states it is not true that tenants cannot be evicted in winter, or that tenants with small children or health problems cannot be evicted. A landlord may not shut off utilities to force a tenant out. Alaska Dept. of Law handbook (2024), pp. 28, 35; AS 34.03 (as summarized) |
| Arizona | No statute. Arizona's landlord-tenant act has no winter or cold-weather limit on evictions. Landlords must supply reasonable heat, and air-conditioning or cooling where installed, when seasonal weather requires it. A.R.S. Title 33, Ch. 10 (checked); § 33-1324(A)(6) |
| Arkansas | No statute. The Arkansas landlord-tenant laws reviewed have no winter or cold-weather limit on evictions. Leases entered into or renewed after November 1, 2021 must provide electricity and a working heating and air-conditioning system, if one served the unit when the lease was signed. Ark. Code Ann. Title 18, Ch. 17 (checked); § 18-17-502(a) |
| California | No statute. California has no statewide winter or cold-weather limit on evictions. Cal. Civ. Code §§ 1940-1954.07 and Code Civ. Proc. §§ 1159-1179a (checked) |
| Colorado | No statute. Colorado state law has no winter or cold-weather limit on residential evictions. For mobile homes, a court may delay or set the timing of a writ of restitution so that removal does not happen in hazardous weather, and the landlord may act to prevent freezing damage to a mobile home. C.R.S. Title 13, Art. 40 and Title 38, Art. 12 (checked); § 38-12-208 (mobile home writ timing) |
| Connecticut | No winter ban on evictions in the landlord-tenant statutes. After a judgment (except for nonpayment, nuisance, illegal use, or occupants who never had a right to be there), a tenant may apply within 5 days for a stay of execution. Nonpayment tenants may apply only if they deposit the full arrearage. Separately, from November 1 to May 1 inclusive, electric companies may not shut off residential service, and gas companies may not shut off residential gas heat, in hardship cases where the customer cannot pay the full bill. Shutoffs are also barred year-round where they would create a life-threatening situation. Conn. Gen. Stat. §§ 47a-37 to 47a-39 (stays); § 16-262c(b) (utility winter protection) |
| Delaware | No statute. Delaware's Residential Landlord-Tenant Code has no winter or cold-weather limit on evictions. 25 Del. C. Chs. 51-57 (checked) |
| District of Columbia | Yes. No housing provider may carry out an eviction: (1) on any day when the National Weather Service predicts at 8:00 a.m. that the temperature at National Airport will fall below 32°F (0°C); (2) while precipitation is falling at the rental unit; or (3) on any day when the 8:00 a.m. forecast is above 95°F (35°C). These limits do not apply where a court has found the tenant committed an illegal act in the unit, has made a specific finding that the tenant's presence causes undue hardship to the health, welfare and safety of other tenants or neighbors, or has found the tenant abandoned the unit. D.C. Code § 42-3505.01(k), (k-1) |
| Florida | No statute — Florida has no cold-weather or winter limit on evictions in its landlord-tenant law (Fla. Stat. ch. 83, Part II). Separately, a landlord may never cut off a tenant's utilities to force them out, in any season (§ 83.67(1)). Fla. Stat. ch. 83, Part II; § 83.67(1) |
| Georgia | No statute — Georgia's landlord-tenant law (O.C.G.A. Title 44, ch. 7) has no cold-weather or winter limit on evictions. O.C.G.A. Title 44, Chapter 7 |
| Hawaii | No statute — Hawaii's Residential Landlord-Tenant Code (HRS ch. 521) has no cold-weather or seasonal limit on evictions. During governor-declared wildfire emergencies, special pre-litigation mediation and notice rules can apply (§ 521-84). HRS ch. 521; § 521-84 |
| Idaho | No statute — Idaho's landlord-tenant statutes (Title 6 ch. 3; Title 55 chs. 2-3) have no cold-weather or winter limit on evictions. Idaho Code Title 6, ch. 3; Title 55, chs. 2-3 |
| Illinois | No statewide statute bars winter evictions. Utility rule (Public Utilities Act): gas and electric utilities may not cut off service for nonpayment to a residence where gas or electricity is the only heat source, including tenants of master-metered buildings, on any day the National Weather Service forecasts 32°F or below for the next 24 hours, or before a weekend or holiday with such a forecast. Parallel rules bar cutoffs where it is the only cooling source when 90°F+ is forecast or a heat advisory or warning is issued. 220 ILCS 5/8-205 |
| Indiana | No statute bars winter evictions. Utility rule: from December 1 through March 15, an electric or gas utility (including municipal and co-op utilities) may not cut off residential service for customers who are eligible for and have applied for state heating assistance (IC 4-4-33, the Energy Assistance Program). There is a parallel ban on electric shutoffs for such customers on days with a forecast heat index of 95°F or higher. Utilities must offer delinquent residential customers a reasonable payment plan. IC 8-1-2-121 |
| Iowa | No statute bars winter evictions. Utility rule: a gas or electric utility may not disconnect service from November 1 through April 1 to a residence where a resident 'head of household' has been certified by the local agency as eligible for the Low Income Home Energy Assistance Program (LIHEAP) or Weatherization Assistance Program. Disconnection notices must tell customers about this protection. Separately, utilities may not disconnect a residence where a head of household is a deployed service member until 90 days after deployment ends, if informed. Iowa Code § 476.20(2), (3)(b)-(c) |
| Kansas | No statute — the Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 to 58-2573) and the eviction statutes (K.S.A. 61-3801 et seq.) have no cold-weather or winter limit on evictions. K.S.A. 58-2540 to 58-2573; K.S.A. 61-3801 et seq. |
| Kentucky | No statute — Kentucky's landlord-tenant statutes (KRS ch. 383, including URLTA and forcible entry and detainer) have no cold-weather or winter limit on evictions. KRS Chapter 383 |
| Louisiana | No state statute limits evictions or utility shutoffs in cold weather. La. C.C.P. arts. 4701-4732 (no seasonal limit) |
| Maine | No state statute limits winter evictions. If a landlord fails to pay for utility service in the landlord's name, the tenant may pay it under 35-A M.R.S. § 706 and deduct the cost from rent, and can recover the greater of actual cost or $100 plus costs (and possibly attorney fees). Landlords cannot make one unit's tenant pay for common-area heat/utilities without a written agreement and a fair rent reduction. 14 M.R.S. § 6024-A; 14 M.R.S. § 6024 |
| Maryland | Yes, statewide. The district administrative judge must stay execution of a residential eviction warrant, day to day, during extreme weather. This includes a temperature or next-day forecast of 32°F or lower, a winter storm or blizzard warning, a hurricane or tropical storm warning, or an excessive heat warning. The eviction must then be completed within 5 days after conditions end. Md. Code, Real Prop. § 8-401(f)(2) |
| Massachusetts | No state statute bans winter evictions. A gas or electric company may not shut off service used for heat, between November 15 and March 15, to a residential customer who can't pay an overdue bill because of financial hardship. M.G.L. c. 164, § 124F |
| Michigan | No state statute limits evictions in winter. MCL 600.5714, 600.5744 (no seasonal limit) |
| Minnesota | No general ban on winter evictions. Cold Weather Rule (statute): from October 1 to April 30, a utility cannot disconnect, and must reconnect, heating service for income-eligible customers who stay current on a payment agreement; notice and appeal rules apply. If a building's utilities are shared-metered, a landlord cannot file (and must stay) an eviction for unpaid gas/electric charges during the cold weather period. A landlord's own utility default triggers posted notice to residents. Minn. Stat. § 216B.096, subd. 2(b), 4, 5; § 504B.216, subd. 12(d), 13 |
| Mississippi | No state statute limits evictions in winter or in cold weather. Miss. Code Ann. §§ 89-8-31 to 89-8-41 (no seasonal limit) |
| Missouri | No state statute limits winter evictions. For master-metered multi-unit buildings, the utility must post notice 5 days before cutting heat-related service for the owner's nonpayment, and tenants can petition for a rent receiver; while that petition is pending (with 24 hours' written notice to the utility) the utility may not cut service. RSMo 441.650 |
| Montana | No statute — the Residential Landlord and Tenant Act (Title 70, ch. 24) has no winter or cold-weather limit on evictions. Mont. Code Ann. Title 70, ch. 24 (section list reviewed) |
| Nebraska | No statute — the Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. §§ 76-1401 to 76-1449) has no winter or cold-weather limit on evictions. Neb. Rev. Stat. ch. 76 (chapter index reviewed) |
| Nevada | No statute — NRS ch. 118A and the unlawful detainer provisions of NRS ch. 40 have no winter or cold-weather limit on evictions. NRS ch. 118A; NRS 40.215-40.425 |
| New Hampshire | No statute — RSA ch. 540 and 540-A have no winter or cold-weather limit on residential evictions. RSA ch. 540, 540-A (full chapters reviewed) |
| New Jersey | No statute found — the Anti-Eviction Act and summary dispossess statutes (N.J.S.A. 2A:18-53 et seq.) contain no winter or cold-weather bar on residential evictions. N.J.S.A. 2A:18-61.1, 2A:18-61.2 (reviewed) |
| New Mexico | No statute — the Uniform Owner-Resident Relations Act (NMSA 1978, §§ 47-8-1 to 47-8-52) has no winter or cold-weather limit on evictions. NMSA 1978, ch. 47, art. 8 (full text searched) |
| New York | No statute — New York has no statewide winter or cold-weather ban on evictions. RPAPL art. 7 (no such provision); per NY AG Residential Tenants' Rights Guide |
| North Carolina | No statute — G.S. Chapter 42 has no winter or cold-weather limit on evictions. N.C. Gen. Stat. ch. 42 (section list reviewed) |
| North Dakota | No statute — North Dakota's eviction law (N.D.C.C. ch. 47-32) and lease law (ch. 47-16) have no cold-weather or winter limit on evictions. The only hardship relief is that the court may delay the eviction order by up to 5 days for substantial hardship (not for disturbance-of-the-peace cases). N.D.C.C. § 47-32-04; chs. 47-16, 47-32 checked |
| Ohio | No statute — Ohio's eviction law (ch. 1923) and landlord-tenant law (ch. 5321) set no winter or cold-weather limits on evictions. Ohio Rev. Code chs. 1923, 5321 checked |
| Oklahoma | No statute — no section of the Oklahoma Residential Landlord and Tenant Act (41 O.S. §§ 101-136) or the forcible entry and detainer statutes (12 O.S. § 1148.1 et seq.) addresses winter or cold-weather limits on evictions. 41 O.S. §§ 101-136 (full text) and 12 O.S. §§ 1148.1-1148.16 (section index) checked |
| Oregon | No statute — the Oregon Residential Landlord and Tenant Act (ORS ch. 90) and the eviction procedure law (ORS 105.100-105.168) set no winter or cold-weather limit on evictions. ORS chs. 90, 105 checked |
| Pennsylvania | No general winter limit on residential evictions. For mobile-home-park lots only: a nonpayment notice to quit must give 30 days if served from September 1 through March 31 (15 days if served April 1 through August 31). 68 P.S. § 250.501(c) |
| Rhode Island | No statute — the Residential Landlord and Tenant Act (R.I. Gen. Laws ch. 34-18) sets no winter or cold-weather limit on evictions. R.I. Gen. Laws ch. 34-18 (index) checked |
| South Carolina | No statute — South Carolina's Residential Landlord and Tenant Act (ch. 27-40) and ejectment law (ch. 27-37) set no winter or cold-weather limit on evictions. S.C. Code chs. 27-37, 27-40 checked |
| South Dakota | No statute — South Dakota's forcible entry and detainer law (SDCL ch. 21-16) and lease law (ch. 43-32) set no winter or cold-weather limit on evictions. SDCL chs. 21-16, 43-32 checked |
| Tennessee | No statute — Tennessee's URLTA (T.C.A. ch. 66-28) and general landlord-tenant chapter (ch. 66-7) contain no winter or cold-weather limit on evictions. In URLTA counties a landlord who willfully cuts off essential services required by the lease is liable to the tenant (66-28-504), and tenants have remedies when essential services such as heat are not supplied (66-28-502). T.C.A. ch. 66-28 and ch. 66-7 (checked); §§ 66-28-502, 66-28-504 |
| Texas | No state winter moratorium on evictions. Limited utility rule: a landlord who submeters or allocates electricity may not cut off a tenant's electric service for nonpayment on a day when the previous day's high did not exceed 32 degrees F and the temperature is predicted to stay at or below 32 for the next 24 hours, or when the National Weather Service has issued a heat advisory for the county that day or either of the two preceding days. Otherwise a landlord may not interrupt tenant-paid utilities, or water, wastewater, gas or electricity it furnishes, except for bona fide repairs, construction or emergency (tenant remedies: possession or termination, actual damages, one month's rent plus $1,000, fees). Tex. Prop. Code Sec. 92.008(a), (b), (f), (h)-(j) |
| Utah | No statute — Utah's landlord-tenant and eviction statutes contain no cold-weather or winter limit on evictions or on landlord utility shutoffs. Utah Code Title 78B, Ch. 6, Part 8; Title 57, Ch. 22 (checked) |
| Vermont | No statute — 9 V.S.A. ch. 137 and the ejectment chapter (12 V.S.A. ch. 169) contain no winter or cold-weather limit on evictions or landlord utility shutoffs. 9 V.S.A. ch. 137; 12 V.S.A. ch. 169 (checked) |
| Virginia | No statute — the Virginia Residential Landlord and Tenant Act contains no cold-weather or winter limit on evictions. Separately, Sec. 55.1-1243.1 gives tenants remedies for exclusion from the unit or interruption of services. Va. Code Title 55.1, Ch. 12 (checked); Sec. 55.1-1243.1 |
| Washington | No winter/cold-weather limit on evictions in state landlord-tenant law. Heat rule only: a landlord may not involuntarily shut off electric or water service for nonpayment on any day the National Weather Service has issued or announced a heat-related alert for the area, must reconnect on request during such alerts (it may require a payment plan capped at 6% of the tenant's monthly income), and must explain the reconnection right in any disconnection notice. RCW 59.18.060(11)(a)-(c) |
| West Virginia | No statute — West Virginia landlord-tenant law (ch. 37, art. 6) and the summary eviction article (ch. 55, art. 3A) contain no winter or cold-weather limit on evictions or landlord utility shutoffs. W. Va. Code ch. 37, art. 6; ch. 55, art. 3A (checked) |
| Wisconsin | No statute — Wisconsin's landlord-tenant chapter (ch. 704) and eviction chapter (ch. 799) contain no winter or cold-weather limit on evictions. Wis. Stat. ch. 704; ch. 799 (checked) |
| Wyoming | No statute — Wyoming law sets no winter or cold-weather limit on evictions or landlord utility shutoffs. (The owner must keep electrical, heating and plumbing operational unless otherwise agreed in writing.) Wyo. Stat. § 1-21-1202(a); Title 1, ch. 21, arts. 10 and 12 (checked) |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.