CHAPTER II Tenancy

Section 5: Period 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The Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012 (repealed)

Repealed in the Union territory of Jammu and Kashmir from 15 February 2026 by section 47(1) of the Jammu and Kashmir Tenancy Act, 2025 (Act No. IV of 2025), which reads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and Commercial Tenancy) Act, 2012 which is in force immediately before the commencement of this Act, is hereby repealed", with pending cases saved by section 47(2).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Kept for reference only: the Act was repealed from 15 February 2026 by the Jammu and Kashmir Tenancy Act, 2025, and applies now only to cases pending at that date under section 47(2) of that Act.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) All tenancies entered into after the commencement of the Act shall be for a period as agreed between the landlord and the tenant(s) and as noted in the tenancy agreement.

(2) The tenant may approach the landlord for renewal or extension of the tenancy, not less than two months prior to the end of tenancy period and if agreeable to the landlord, may enter into a new tenancy agreement with the landlord.

(3) If a tenancy for a fixed term ends and has not been renewed or the premises have not been vacated by the tenant at the end of such tenancy, the tenancy shall be deemed to be renewed on a month-to-month basis on the same terms and conditions as were in the expired tenancy agreement subject to any change that may be made in the rent charged.

(4) In the event of the death of the tenant, tenancy will continue till the end of the tenancy period in case of fixed period tenancy and in case of periodic tenancy till the end of the period.