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CHAPTER V Termination of Tenancy by the Landlord or Tenant

Section 21: Termination of tenancy

The Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012 (repealed)

Repealed in the Union territory of Jammu and Kashmir from 15 February 2026 by section 47(1) of the Jammu and Kashmir Tenancy Act, 2025 (Act No. IV of 2025), which reads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and Commercial Tenancy) Act, 2012 which is in force immediately before the commencement of this Act, is hereby repealed", with pending cases saved by section 47(2).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Kept for reference only: the Act was repealed from 15 February 2026 by the Jammu and Kashmir Tenancy Act, 2025, and applies now only to cases pending at that date under section 47(2) of that Act.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) A Tenancy may be terminated only in accordance with the Act in the following manner :––

Landlord may give a notice of three months to the tenant if––

(i) the landlord bonafidely requires possession of rental unit for the purpose of residential or commercial occupation by the landlord himself, his spouse or a child or parent of the landlord ; or

(ii) the landlord requires possession of rental unit in order to––

(a) demolish it ;

(b) convert it to some other use ; or

(c) do repairs or renovation that require vacant possession of the unit.

(2) The landlord may give a notice of fifteen days to terminate the tenancy if the tenant has :––

(i) not paid rent for two months consecutively ;

(ii) sublet the premises without permission of the landlord ;

(iii) caused substantial damage to the rental unit ;

(iv) caused nuisance or annoyance to the neighbours ;

(v) used the premises for illegal or immoral purposes ; or

(vi) violated any condition set in the tenancy agreement.

(3) The tenant may give a notice of two months, or two month’s rent in lieu of notice, to the landlord to terminate the tenancy in case the tenancy is for more than a year or one month’s notice, or one month’s rent in lieu of notice, in case the tenancy is for less than a year.

(4) In case of fixed period tenancy, the tenancy is terminated at the end of the fixed period and no notice is required to be served to the tenant to vacate the rental unit.

(5) In case of tenancies of more than five years the landlord may serve a notice of six months to the tenant during the term of tenancy, to vacate the rental unit, at the end of notice period, without giving any reason to terminate the tenancy.

(6) In case the rental unit was given to the tenant for use as residence by reason of his being in the service or employment of the landlord, the tenancy will terminate when the tenant ceases to be in such service or employment.