Winter in Detroit is no joke. Subzero temperatures, brutal wind chills, and long cold snaps are part of life here. But one thing should never happen—getting frostbite inside your own apartment.

Your home is supposed to be your refuge. A place where you can close the door, turn up the heat, and feel safe from the elements. When that heat disappears, the shock is immediate. The fear sets in fast. Fingers go numb. Skin turns pale or blue. Pain creeps in—or worse, you stop feeling anything at all.

Frostbite inside a rental unit isn’t “bad luck.” It’s not something tenants should be expected to endure or “tough out.” In many cases, it’s a failure of responsibility—and one that can carry serious legal consequences.

Tenants have rights. And when a landlord allows an apartment to become dangerously cold, those rights matter.

Do Landlords in Detroit Have a Legal Duty to Provide Heat?

Yes. Landlords in Michigan have a clear legal obligation to provide safe, habitable living conditions—and heat is non-negotiable.

Under Michigan habitability standards and Detroit housing and health codes, rental properties must be fit for human habitation. This includes maintaining essential services that protect tenants from dangerous conditions.

That duty is reinforced by the warranty of habitability—a legal principle that requires landlords to keep rental units livable throughout the lease term. If an apartment lacks heat during winter, it may violate that warranty.

Detroit regulations also require landlords to maintain minimum indoor temperatures during cold months. While the exact numbers can vary depending on the regulation and time of day, the message is clear: landlords cannot allow apartments to drop to freezing or unsafe levels.

Heat isn’t a luxury. It’s not an “extra.” It’s a basic necessity—just like running water and electricity. When landlords ignore broken heating systems, delay repairs, or shut off heat altogether, they may be putting tenants directly in harm’s way.

When Lack of Heat Becomes Landlord Negligence

Negligence isn’t complicated. In plain language, it means someone had a responsibility, failed to meet it, and that failure caused harm.

When it comes to rental housing in Detroit, landlords have a clear responsibility to provide heat during winter months. When they don’t—and a tenant is hurt as a result—that’s not just careless. It can be legally negligent.

A landlord’s conduct can cross the legal line in several common ways:

• Failing to repair a broken furnace or boiler
  Heating systems don’t fix themselves. When a landlord knows—or should know—that the heat isn’t working and does nothing, tenants pay the price.
• Ignoring tenant complaints or maintenance requests
  Repeated calls, emails, or work orders about no heat aren’t “noise.” They’re warnings. Ignoring them can turn a repair issue into a serious injury.
• Shutting off heat intentionally
  Whether due to a dispute, cost-cutting, or retaliation, deliberately cutting heat in winter is dangerous—and often unlawful.
• Delaying repairs during freezing weather
  “We’ll get to it next week” doesn’t cut it when temperatures are below freezing. Delays in extreme cold can cause real, irreversible harm.

The law also recognizes an important distinction. Not every heating failure is negligence. A sudden, unavoidable emergency—like a city-wide gas outage or an unexpected mechanical failure—may not automatically create liability if the landlord responds promptly and responsibly.

But reckless disregard is different. When a landlord drags their feet, ignores complaints, or prioritizes profits over safety during a Detroit winter, that’s when the law steps in.

Can You Sue if You Got Frostbite in Your Apartment?

Yes—you may have a claim.

If you suffered frostbite because your apartment had no heat, Michigan law may allow you to hold the responsible parties accountable. These cases are about connecting the dots between a landlord’s failure and your injury.

Typically, a frostbite claim must show four key elements:

• The landlord had a duty to provide heat
  Heat is a basic requirement of a habitable rental unit, not an optional amenity.
• That duty was breached
  The heat didn’t work, wasn’t restored, or was shut off during freezing conditions.
• The lack of heat directly caused the frostbite
  This is called causation. In real-world terms, it means showing that the cold inside your apartment—caused by no heat—led to your injury. Medical records, temperature readings, and timing matter here.
• You suffered real damages
  Frostbite isn’t theoretical harm. It brings medical bills, lost wages, pain, permanent injury, and emotional trauma.

Think of causation like this: if the heat had been working, you wouldn’t have been exposed to freezing temperatures in your own home—and you wouldn’t be dealing with frostbite now.

Who Can Be Held Responsible?

Liability doesn’t stop with the person who collected your rent check.

Depending on the facts, responsibility may extend to:

• Individual landlords who own and control the property
• Property management companies hired to maintain and operate the building
• Corporate or out-of-state owners who distance themselves but still make the decisions

Some cases involve more complex housing arrangements, including:

• Subsidized or government-assisted housing
• Public housing authorities
• Mixed-use buildings with residential and commercial owners

In these situations, multiple parties may share responsibility. Ownership structures, management contracts, and maintenance duties all matter—and they often overlap.

What Damages Could a Frostbite Victim Recover?

Medical Expenses

Frostbite often requires immediate and ongoing medical care, including:

• Emergency room visits
• Hospitalization
• Surgeries to remove dead tissue
• Wound care and infection treatment
• Physical therapy and rehabilitation

Future Medical Care and Long-Term Treatment

Many frostbite victims need care long after the initial injury, such as:

• Follow-up surgeries
• Chronic pain management
• Ongoing nerve or circulation treatment
• Assistive devices or mobility support

Lost Wages and Reduced Earning Capacity

Frostbite can take you out of work temporarily—or permanently. Compensation may include:

• Income lost while recovering
• Missed work due to medical appointments
• Reduced ability to perform your job
• Loss of future earning potential if the injury limits your career

Pain and Suffering

Not all harm comes with a receipt. Frostbite causes:

• Intense physical pain
• Lingering discomfort or sensitivity
• Loss of normal use of hands, feet, or limbs

Emotional Distress and Trauma

Suffering a serious injury inside your own home can be deeply traumatic. Victims often experience:

• Anxiety and fear during winter months
• Sleep disturbances
• Depression or anger
• Loss of sense of safety at home

Punitive-Style Accountability in Extreme Cases

In rare but serious situations—such as intentional heat shutoffs or reckless disregard for tenant safety—the law may allow for punitive-style accountability designed to punish egregious conduct and deter future harm. Outcomes are never guaranteed, but extreme behavior can elevate the stakes.

Evidence That Can Strengthen a No-Heat Frostbite Case

Medical Documentation

• Hospital and ER records diagnosing frostbite
• Doctor notes linking the injury to cold exposure
• Treatment plans and prognosis reports

Proof of Unsafe Apartment Conditions

• Photos or videos showing lack of heat
• Ice buildup, space heaters, or bundled living conditions
• Thermostat readings or indoor temperature measurements

Written Complaints and Communication

• Maintenance requests
• Emails or texts to the landlord
• Voicemails reporting no heat
• Any written notice asking for repairs

Utility and Building Records

• Gas or electricity shut-off notices
• Utility usage records showing abnormal interruptions
• Furnace or boiler repair logs

Witness and Third-Party Support

• Statements from roommates or neighbors
• Testimony from building inspectors
• City inspection reports or housing code violations

You Shouldn’t Have to Freeze to Be Heard

Getting frostbite inside your own apartment is unacceptable—full stop. No one rents a home expecting it to become a freezer. When heat is taken away during a Detroit winter, what’s lost isn’t just warmth. It’s dignity. Safety. Trust.

This isn’t a minor housing dispute. It’s not an inconvenience. It’s a civil wrong. Landlords are entrusted with people’s health and well-being, and when that responsibility is ignored, accountability matters. Tenants deserve to live without fear of injury simply because someone chose not to act.

Don’t try to navigate this alone. Don’t let your pain be minimized or brushed aside. At Marko Law, we are trial lawyers first—and we are relentless when it comes to standing up for people who were hurt because someone else failed to do the right thing.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit 48226
🌐 Website: https://www.markolaw.com/

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