Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012

Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012

Civil201242 sections

This law establishes rules for renting residential and commercial properties in Jammu and Kashmir, setting up what landlords and tenants can and cannot do. It applies to urban areas mostly, covering topics like how much rent can be charged, rules about lease agreements, and what happens when there are disputes. The Act creates special boards called Rent Controllers and Tribunals to settle disagreements between landlords and tenants about rent amounts, eviction issues, and maintenance responsibilities. It balances the rights of property owners to receive reasonable income with tenants' protection against unfair treatment. By providing clear procedures for resolving disputes, the law helps create stability in the rental market and gives both parties a fair chance to resolve conflicts through established legal channels rather than going to court. --- [End of response]

  1. 1. Short title, extent and commencement
  2. 2. Definitions
  3. 3. Exemptions
  4. 4. Notification of Tenancy
  5. 5. Period of Tenancy
  6. 6. Inheritability of existing tenancies
  7. 7. Restriction on Subletting
  8. 8. Rent Payable
  9. 9. Revision of Rent
  10. 10. Rent Controller to fix or revise rent
  11. 11. Security Deposit
  12. 12. One set of the original Agreement to be given to the Tenant
  13. 13. Payment of rent and receipt thereof
  14. 14. Deposit of rent with Rent Controller
  15. 15. Responsibilities for maintenance
  16. 16. Tenant to look after the Rental Unit
  17. 17. Entry with Notice
  18. 18. Information about the Property Manager
  19. 19. Role and responsibilities of Property Manager
  20. 20. Cutting off or withholding essential services
  21. 21. Termination of tenancy
  22. 22. Notice to be given for termination
  23. 23. Vacant possession to the landlord
  24. 24. Successor in title to landlord
  25. 25. Compensation in case of non-vacancy
  26. 26. Notice for Inspection in case of sale
  27. 27. Refund of advance rent
  28. 28. Payment of rent during eviction proceedings
  29. 29. Rent Controllers
  30. 30. Jurisdiction for Rent Controller
  31. 31. Procedure for Rent Controller and Appellate Rent Tribunal
  32. 32. Powers of Rent Controller and Appellate Rent Tribunal
  33. 33. Appeal, Revision and Review
  34. 34. Execution of the order
  35. 35. Jurisdiction of Civil Court barred in respect of certain matters
  36. 36. Court Fees
  37. 37. Remittance of penalty or fine recovered under the Act into consolidated fund of the State
  38. 38. Protection of Action taken in good faith
  39. 39. Transfer of pending cases
  40. 40. Power of Government to remove difficulties
  41. 41. Power to make rules
  42. 42. Repeal and savings

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