National · Heat pumps and home electrification
Can a renter ask a landlord to allow a heat pump or other efficiency upgrade, and who pays?
Direct answer
A renter can request a heat pump or efficiency upgrade, but the next step depends on why it is needed. A heating failure calls for a repair or habitability request; a disability-related need may require a reasonable modification or accommodation; some states also protect particular cooling equipment. For an optional fixed installation, address permission, cost, maintenance, and removal in writing. Do not assume every request may be refused or every disability modification is tenant-funded. For a new 2026 installation, do not budget for the expired federal section 25C or 25D home-energy credits.
This guide covers residential renters requesting heating, cooling, or efficiency work, with California, New York, Oregon, and federal examples.
Identify whether the request concerns failed heating, an optional upgrade, a disability-related need, or a protected cooling device, and whether the housing receives federal assistance.
Commercial leases and the interpretation of a particular lease or engineered installation are outside this guide.
Match the request to the problem
You can ask for a heat pump or another efficiency improvement. State why you need it:
is the existing heat inadequate, is the change disability-related, or do you want to lower
energy bills? The legal duties and payment rules differ. For an optional fixed installation,
propose the equipment, location, installer, funding, maintenance, and move-out arrangements
in writing before work begins.
Inadequate heat is a repair issue
California Civil Code § 1941.1(a)(4)
includes lawfully installed heating facilities maintained in working order among its
habitability standards. The New York Attorney General’s tenants’ guide
likewise explains heating maintenance and the warranty of habitability, which a lease
cannot waive. Report the failure and keep temperature readings and correspondence.
These duties concern habitable conditions; they do not by themselves select your preferred
brand or technology. Conversely, saying “the landlord only maintains existing equipment”
can obscure the repair or replacement necessary to provide adequate heat. Assess the
condition and applicable remedy before treating the request as an optional upgrade.
Some cooling devices have specific protection
Oregon ORS 90.355
protects tenants’ installation and use of qualifying portable cooling devices, including
window and floor units that do not require alterations to the dwelling. It permits listed
restrictions addressing code, safety, electrical capacity, damage, window access, drainage,
and installation or servicing. Permitted restrictions must be written and delivered to the
tenant. This device-specific rule does not give blanket permission to install a fixed mini-split.
Oregon also requires adequate cooling in at least one nonbathroom room for dwelling units
in buildings whose construction permits were issued on or after April 1, 2024. ORS
90.320(1)(n), retained in 2026 chapter 23, § 6,
allows several technologies, including a heat pump or landlord-provided portable air conditioner.
The requirement is adequate cooling, not a tenant’s unrestricted choice of equipment.
Disability-related requests have separate rules
In covered housing, 42 U.S.C. § 3604(f)
protects reasonable modifications necessary for a person with a disability to use and enjoy
the premises. A heating or cooling change can require an individual assessment of that need.
The HUD/DOJ joint guidance
distinguishes structural modifications from accommodations to rules, policies, or services.
Under the Fair Housing Act, tenants generally fund structural modifications; reasonable
interior restoration conditions may be allowed in rentals. Do not assume restoration is
required for every change.
Housing providers receiving federal financial assistance can have additional duties under
Section 504, including paying for needed structural changes, subject to limits such as
undue financial and administrative burden. Identify the housing program and request type
before agreeing that all costs are yours. If the landlord refuses, seek advice using the
actual need, response, and program requirements.
Agree on costs and check current assistance
For an optional project, obtain a written agreement covering purchase, installation,
electrical upgrades, permits, maintenance, ownership, and removal. Required repairs,
disability duties, assistance conditions, and rent regulation may affect who pays. An
improvement does not automatically authorize a rent increase.
Do not include a new federal § 25C or § 25D credit in a 2026 project budget. The
IRS energy-efficient improvement page
and residential clean-energy page
reflect the December 31, 2025 termination for new qualifying property or expenditures.
Eligible earlier expenses and any permitted carryforward are separate questions. Earlier
renter eligibility does not extend these credits to a new 2026 installation.
Eligible renters can apply for DOE weatherization assistance.
The provider works with the renter and landlord to obtain permission and determines eligible
work through its assessment. Ask about current state and utility assistance too; program
eligibility is separate from permission to alter the building.
What to do next
- Read the lease and identify the repair, disability, cooling, or optional-upgrade issue.
- Submit a specific written request and keep the response.
- Resolve costs, maintenance, ownership, and any restoration terms under the applicable rules.
- Confirm installation permits and qualified contractors separately.
- Keep the agreement, plans, receipts, assistance documents, and inspection records. Get
landlord-tenant advice if a refusal, payment demand, or rent increase conflicts with a
claimed right.
Prepare an approval request
Records and documents checklist
- The lease, especially its alteration, consent, maintenance, and utilities clauses.
- Your written request to the landlord and the landlord's written response.
- Any written agreement on installation, use, maintenance, removal, and cost sharing.
- For a disability-related request, retain the necessary supporting information, response, applicable housing-program rules, and any agreed restoration terms.
- Receipts for equipment, labor, permits, and any rebates or incentives.
- Utility bills showing heating performance before and after a change.
Official sources
Frequently asked questions
Can my landlord simply say no to a heat pump?
A request to upgrade working equipment is different from a request to remedy inadequate heat or meet a disability-related need. Identify the applicable duty before accepting a refusal. A particular model is not automatically required, but neither the lease nor a general statement about landlord discretion settles every repair, disability, or cooling-rights request.
Who pays for a disability-related heating change?
Under the Fair Housing Act, structural modifications are generally paid for by the tenant or someone acting for them. Reasonable accommodations have different rules. Providers subject to Section 504 because they receive federal financial assistance can be required to pay for needed structural changes, subject to the applicable limits. Confirm the housing program and the type of request before agreeing to pay.
Do renters qualify for a federal credit on a new 2026 heat pump?
Sections 25C and 25D no longer cover new post-2025 qualifying property or expenditures. Renters could qualify for certain earlier expenses, but that does not make a 2026 installation eligible. Check the IRS rules for a prior-year claim or carryforward separately, and investigate current state, utility, or weatherization assistance.
Who pays for an optional upgrade?
Agree on equipment, labor, permits, electrical work, maintenance, removal, and any cost sharing in writing. Required habitability work, disability duties, assistance-program terms, and rent-regulation rules can change that allocation. Do not assume a landlord can pass every improvement cost through to the tenant.