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CHAPTER IV Rights and Responsibilities of Landlords and Tenants

Section 15: Responsibilities for maintenance

The Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012 (repealed)

Repealed in the Union territory of Jammu and Kashmir from 15 February 2026 by section 47(1) of the Jammu and Kashmir Tenancy Act, 2025 (Act No. IV of 2025), which reads "The Jammu and Kashmir Residential and Commercial Tenancy) Act, 2012 which is in force immediately before the commencement of this Act, is hereby repealed", with pending cases saved by section 47(2).

How current this text is

Text as adapted by the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 (S.O. 1229(E), 31 March 2020), as published by India Code for the Union territory of Jammu and Kashmir.

Kept for reference only: the Act was repealed from 15 February 2026 by the Jammu and Kashmir Tenancy Act, 2025, and applies now only to cases pending at that date under section 47(2) of that Act.

(1) Subject to any agreement to the contrary, both the landlord and tenant will be responsible for the respective repairs and maintenance as in Schedule III.

(2) In case of common facilities shared among the tenants or with the landlord the respective responsibilities of each tenant and landlord will be specified in the tenancy agreement.

(3) In the event of tenants’ refusal to carry out scheduled or agreed repairs, the landlord shall get the repairs done and deduct the amount from the security deposit.

(4) In case the landlord refuses to carry out the scheduled or agreed repairs, the tenant can get the work done and deduct the same from periodic rent :

Provided that in no case will the deduction from rent in any one month exceed fifty percent of the agreed rent for one month.

(5) In case the unit is inhabitable without the repairs and the landlord has refused to carry out the required repairs, after being called upon to get the repairs done in writing by the tenant(s), the tenant(s) will have the right to abandon the unit after giving landlord fifteen days notice in writing or approach the Rent Controller.