MONTREAL - The landlord of an NDG apartment building has refused to turn on the heat in the common areas unless it's extremely cold. As a result, the tenants say they're paying more to heat their units.

"There are cracks in the apartment itself, so the draft comes in from outside, and plus it comes in from the cracks in front door, from the hallway and they won't turn the heater on," said tenant Julie Cruz, who said she had to pump up the heat in her Westmore Ave. apartment so she and her two-year-old Ayden can stay warm.

It's a longstanding policy in the building, said landlord Greg Shevchenko of Lacopar Inc. Property Management Services.

"It's always been the company's policy to turn the heat on only when the temperatures get very cold, like in the -20 range," he explained.

"It is not our responsibility to turn the heat on in the hallways just because it's cold. It's much colder outside, anyway. We just do so as a courtesy."

With only a small heater in the entrance way and with only one door, Ted Wright from the Westmount Legal Clinic said it's clear there's tremendous heat loss.

"The landlord does not have the option to make the heat a courtesy," he said.

Wright stresses the building must be maintained and heated under Article 19.12 of the Quebec Civil Code.

"The heat in the common areas must be such that it doesn't cause the tenants to have any discomfort in the building or to pay more money to heat their own apartments," he explained.

According to Wright's records, Lacopar Inc. Property Management Services received grants from the City of Montreal in order to maintain their buildings.

"Put adequate heating in the hallways, so the tenants would then not be able to complain," he said. "And all the laws would be met."