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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.
I see one problem with this provision. How are you going to tell if the Tenant is using the stove for cooking or heating the apartment? Remember, you cannot determine when the Tenant would use the stove for cooking. The Tenant can cook in his own apartment at the times convenient for him. So, the provision that you are proposing is not legally enforceable.
I am sorry that I do not have better news for you.
You would need an Expert to make that determination. I do not see how the provision would be enforceable in its current form. However, I will opt out to give another Attorney the opportunity to comment on your case.
I am a different attorney and it will be my pleasure to assist you as the attorney that was working with you opted out.
You need to have documentation that shows that there is over use by the tenant. You would contact a licensed contractor to put in writing that the tenants are using an excessive amount heat and adding an additional heat source through the stove. Once you have this in writing you have every right to inspect the unit and show that this tenant(s) in is violating the lease.
We want you to have proof so that any action you take can be backed up and will protect you from any actions that you take.
Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.
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