The Jammu and Kashmir Tenancy Act, 2025

EXTRAORDINARY                               REGD NO. JK-33 
  
 
 
 
 
 
 
THE 
JAMMU AND KASHMIR OFFICIAL GAZETTE 
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V ol. 138]   Jammu, Sat., the 1st November, 2025/10th Kart., 1947.   [No. 32-1 
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Separate paging is given to this part in order that it may be filed 
as a separate compilation. 
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PART III 
Laws, Regulations and Rules passed thereunder. 
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GOVERNMENT OF JAMMU AND KASHMIR                                          
CIVIL SECRETARIAT — DEPARTMENT OF LAW,  
JUSTICE AND PARLIAMENTARY AFFAIRS. 
Jammu, the 1st November, 2025. 
The following Act as pa ssed by the Jammu and Kashmir Legislative 
Assembly received the assent of the Lieutenant Governo r on                         
1st November, 2025 and is hereby published for general information :—  
THE JAMMU AND KASHMIR TENANCY ACT, 2025  
(Act No. IV of 2025) 
[1st November, 2025.] 
An Act to establish Rent Authority to regulate renting of premises and 
to protect the interests of landlords and tenants and to provide speedy 
adjudication mechanism for resolution of disputes and matters connected 
therewith or incidental thereto. 
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Be it enacted by the Jammu and Kashmir Legislature in the Seventy-
sixth Year of the Republic of India as follows :— 
CHAPTER I 
PRELIMINARY 
(1) Short title, extent and commencement.— (1) This Act may be called 
the Jammu and Kashmir Tenancy Act, 2025. 
(2) It extends to the whole of the Union Territory of Jammu and 
Kashmir. 
(3) It shall come into force on such date as the Government may, 
by notification in the Official Gazette, appoint and different dates may be 
appointed for different provisions of this Act. 
2. Definitions.— In this Act, unless the context otherwise requires,  
(a) “Government” means the Government of Union Territory of 
Jammu and Kashmir; 
(b) “Landlord” whether called landowner or lessor or by any other 
name, means a person who receives or is entitled to receive, the 
rent of any premises, on his own account, if the premises were let 
to a tenant, and shall include- 
(i)  his successor-in-interest; and 
(ii) a trustee or guardian or receiver receiving rent for any 
premises or is entitled to so receive, on account of or on 
behalf of or for the benefit of, any other person such as minor 
or person of unsound mind who cannot enter into a contract; 
(c) “Local authority” means a Village Panchayat or Panchayat Samiti 
or ZilaParishad or a Municipal Corporation or a Municipal 
Council or a Nagar Panchayat or a Planning or Development 
Authority, by whatever name called, or the Cantonment Board, or 
as the case may be, a civil area committee appointed under section 
47 of the Cantonment Act, 2006 (41 of 2006) or such other body 
entitled to function as a local authority in any city or town, 
constituted under any law for the time being in force; 
(d) “Notification” means a notification published in the Official 
Gazette of the Union territory of Jammu and Kashmir and the 
expression "notify" with its grammatical variations and cognate 
expressions shall be construed accordingly; 
(e) “Premises” means any building or part of a building which is, or 
is intended to be, let on rent for the purpose of residence or for 
commercial or for educational use, except for industrial use and 
includes- 
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(i)  garden, garage or closed parking area, vacant land, grounds 
and out-houses, if any, appertaining to such building or part 
of the building; and 
(ii)  any fitting to such building or part of the building for the 
more beneficial enjoyment thereof, but does not include 
premises such as hotel, lodging house, dharamshala or inn; 
(f) “Prescribed” means prescribed by rules made by the Government 
under this Act; 
(g) “Property manager” means a person or any legal entity including 
rental agent who is authorized by the landlord to manage the 
premises and who represents the landlord in his dealings with the 
tenant; 
(h) “Rental agent ” means any person, who negotiates or acts on 
behalf of landlord or tenant or both in a transaction of renting of 
any premises and receives remuneration or fees or any other 
charges for his services whether as a commission or otherwise and 
includes a person who introduces, through any medium, 
prospective landlord and tenant to each other for negotiation for 
renting of premises and includes property dealers, brokers or 
middlemen, by whatever name called; 
(i) “Rent Authority” means an officer appointed under section 30; 
(j) “Rent Court” means a Rent Court constituted under section 33; 
(k) “Rent payable ” in relation to any premises means the rent as 
specified in section 8; 
(l) “Rent Tribunal” means a Rent Tribunal constituted under section 
34; 
(m) “Schedule” means a schedule annexed to this Act; 
(n) “Sub-tenant” means a person to whom the tenant sublets whole 
or part of the premises held by him or transfers or assigns his rights 
accrued under the tenancy agreement or any part thereof upon 
entering into a supplementary agreement to the existing tenancy 
agreement; and 
(o) “Tenant” whether called lessee or by any other name, means a 
person by whom or on whose account or on behalf of whom, the 
rent of any premises is payable to the landlord under a tenancy 
agreement and includes any person occupying the premises as a 
sub-tenant and also, any person continuing in possession after the 
termination of his tenancy whether before or after the 
commencement of this Act; but shall not include any person 
against whom any order or decree for eviction has been made. 
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3. Act not to apply to certain premises. —(1) Nothing in this Act 
shall apply to any—  
(a) premises owned or promoted by the Central Government or the 
Government of Jammu and Kashmir or local authority or a 
Government undertaking or enterprise or a statutory body or 
Cantonment Board; 
(b) premises owned by a company, University or organization given 
on rent to its employees as part of service contract; 
(c) premises owned by religious or charitable institutions as may be 
specified, by notification by the Government; 
(d) premises owned by Auqaf registered under the Waqf Act, 1995 (43 
of 1995) or by any trust registered under the public trust law of the 
Union territory of Jammu and Kashmir for the time being in force; 
and 
(e) other building or category of buildings specifically exempted in 
public interest by notification by the Government. 
(2) Notwithstanding anything contained in sub- section (1), if the 
owner and tenant of the premises referred to in clause (a) to clause (e) of 
the said sub- section agrees that the tenancy agreement entered into 
between such landlord and tenant be regulated under the provisions of this 
Act, such landlord may inform the Rent Authority of the agreement to do 
so at the time of information of the tenancy agreement under section 4. 
CHAPTER II 
TENANCY 
4. Tenancy agreement.—(1) Notwithstanding anything contained in 
this Act or any other law for the time being in force, no person shall, after 
the commencement of this Act, let or take on rent any premises except by 
an agreement in writing, which shall be informed to the Rent Authority by 
the landlord and tenant jointly, in the form specified in the First Schedule 
within a period of two months from the date of tenancy agreement. 
(2) Where the landlord and the tenant fail to jointly inform the 
execution of the tenancy agreement referred to in sub- section (1), the 
landlord and tenant shall separately inform the execution of tenancy 
agreement to the Rent Authority within a period of one month from the 
date of expiry of the period specified in sub-section (1). 
(3) The Rent Authority shall, within three months from the date of its 
appointment, put in place a digital platform in the local vernacular 
language or the language of the Union territory of Jammu and Kashmir for 
enabling submissions of document in such fo rm and manner as may be 
prescribed. 
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(4) The Rent Authority shall, after receiving information about the 
execution of tenancy agreement along with the documents specified in the 
First Schedule,- 
(a) provide a unique identification number to the parties; and 
(b)  upload details of the tenancy agreement on its website in local 
vernacular language or the language of the Union territory of 
Jammu and Kashmir, within seven working days from the date 
of receipt of such information, in such manner along with such 
documents as it may deem fit. 
(5) The terms of authorization of the property manager, if any, by the 
landlord to deal with the tenant shall be such as agreed to by the landlord 
and tenant in that behalf in the tenancy agreement. 
(6) The information provided under sub-section (1) and sub section (2) 
shall be conclusive proof of the facts relating to tenancy and matters 
connected therewith, and in the absence of any statement of information, 
the landlord and the tenant shall not be entitled to any relief under the 
provisions of this Act. 
5. Period of tenancy. — (1) Every tenancy entered into after the  
commencement of this Act shall be valid for a period as agreed upon 
between the landlord and the tenant and as specified in the tenancy 
agreement. 
(2) The tenant may request the landlord for renewal or extension of 
the tenancy, within the period agreed to in the tenancy agreement, and if 
agreeable to the landlord, may enter into a new tenancy agreement with 
the landlord on mutually agreed terms and conditions. 
(3) Where a tenancy for a fixed term ends and has not been renewed 
or the tenant fails to vacate the premises at the end of such tenancy, then 
such tenant shall be liable to pay an enhanced rent to the landlord as 
provided in section 23: 
Provided that notwithstanding anything contained in this section, if the 
term of tenancy expires at a time when the locality where the premises let 
out on rent is situated is affected by any disastrous event of force majeure, 
then, subject to requisition by the tenant, the landlord shall allow the tenant 
to continue in possession of the said premises till a period of one month 
from the date of cessation of such disastrous event on the same terms and 
conditions of the tenancy agreement already entered into. 
Explanation.— For the purposes of this section, "force majeure" 
means a situation of war, flood, drought, fire, cyclone, earthquake or any 
other calamity caused by nature affecting the habitation of the tenant in the 
premises let out on rent. 
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6. Rights and obligations of successor in case of death.— The terms 
of agreement executed between landlord and tenant, shall be binding upon 
their successors in the event of the death of the landlord or tenant, as the 
case may be, and in such case, the successors of the deceased landlord or 
tenant shall have the same rights and obligations as agreed to in the 
tenancy agreement for the remaining period of such tenancy. 
7. Restriction on sub -letting.—(1) After the commencement of this 
Act, no tenant shall, except by entering into a supplementary agreement to 
the existing tenancy agreement, 
(a)  sub-let whole or part of the premises held by him as a tenant; 
(b)  Transfer or assign his rights in the tenancy agreement or any part 
thereof. 
(2) Where the premises is sub-let upon entering into a supplementary 
agreement to the existing tenancy agreement as referred to in sub- section 
(1), the landlord and tenant shall jointly inform the Rent Authority about 
the sub-tenancy within a period of two months from the date of execution 
of such agreement in the Form specified in the First Schedule. 
CHAPTER III 
RENT 
8. Rent payable.— The rent payable in respect of premises shall be 
the rent agreed to between the landlord and the tenant in accordance with 
the terms of the tenancy agreement. 
9. Revision of rent.— (1) The revision of rent between the landlord 
and the tenant shall be in accordance with the terms of the tenancy 
agreement. 
(2) Where, after the commencement of tenancy, the landlord has 
entered into an agreement in writing with the tenant prior to the 
commencement of the work and has incurred expenditure for carrying out 
improvement, addition or structural alteration in the premises occupied by 
the tenant, which does not include repairs necessary to be carried out under 
section 15, the landlord may increase the rent of the premises by an amount 
as agreed to between the landlord and the tenant, and such increase in rent 
shall become effective from one month after the completion of such work. 
10. Rent Authority to determine the revised rent in case of 
dispute.— In case of any dispute between landlord and tenant regarding 
revision of rent, the Rent Authority may, on an application made by the 
landlord or tenant, determine the revised rent and other charges payable 
by the tenant and also fix the date from which suc h revised rent becomes 
payable. 
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11. Security deposit. — (1) The security deposit to be paid by the 
tenant in advance shall be such as may be agreed upon between the 
landlord and the tenant in the tenancy agreement, which shall 
(a) not exceed two months rent, in case of residential premises; and 
(b) not exceed six months rent, in case of non-residential premises. 
(2) The security deposit shall be refunded to the tenant on the date of 
taking over vacant possession of the premises from the tenant, after 
making due deduction of any liability of the tenant. 
CHAPTER IV 
RIGHTS AND OBLIGATIONS OF LANDLORD AND TENANT 
12. Original tenancy agreement to be retained by landlord and 
tenant.— The tenancy agreement shall be signed in duplicate by both the 
landlord and tenant, and one each of such original signed tenancy 
agreement shall be retained by the landlord and tenant. 
13. Rent and other charges payable and receipt for payment 
thereof.— (1) Every tenant shall pay rent and other charges payable within 
such period as agreed to in the tenancy agreement. 
(2) Every landlord or his property manager shall, on receipt of 
payment towards rent and other charges payable within the stipulated 
period as mentioned  in the tenancy agreement from the tenant, shall 
provide forthwith against acknowledgement, a duly signed receipt for the 
amount received by him: 
Provided that where the payment of rent or other charges is made by 
the tenant to the landlord through the electronic mode, the bank 
acknowledgment thereof shall be conclusive proof of such payment. 
14. Deposit of rent with Rent Authority. — (1) Where the landlord 
refuses to accept any rent and other charges payable or refuses to give a 
receipt, the rent and other charges shall be paid to the landlord by postal 
money order or any other method, in such manner as may be prescribed, 
consecutively for two months, and if the landlord refuses to accept the rent 
and other charges within such period, then the tenant may deposit the same 
with the Rent Authority in such manner as may be prescribed. 
(2) Where the tenant is unable to decide to whom the rent is payable 
during the period of tenancy agreement, the tenant may, in such case, 
deposit the rent with the Rent Authority in such manner as may be 
prescribed. 
(3) Where the rent is deposited under sub-section (1) or subsection (2), 
the Rent Authority shall enquire the case as to whom the rent is payable 
and pass orders as may deem fit on the basis of the facts of the case. 
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(4) The withdrawal of rent and other charges payable, deposited under 
sub-section (1) or sub- section (2), shall not by itself operate as an 
admission against the landlord or any other claim made by the tenant, if 
the landlord withdraws it to the extent of rent agreed upon under the 
tenancy agreement. 
15. Repair and maintenance of property.— (1) Notwithstanding any 
agreement in writing to the contrary, the landlord and the tenant shall keep 
the premises in as good a condition as at the commencement of the 
tenancy, except for normal wear and tear, and shall respectively be 
responsible to repair  and maintain the said premises as specified in the 
Second Schedule or as agreed to in the tenancy agreement. 
(2) In case of common facilities shared among the tenants or with the 
landlord, the respective responsibilities of the tenant and landlord to repair 
and maintain those facilities shall be such as may be specified in the 
tenancy agreement. 
(3) If the tenant fails or refuses to carry out the repairs referred to in 
sub-section (1) or sub -section (2), the landlord may carry out the repairs 
or remove the additional structure erected by tenant without consent of 
tenant and deduct the amount incur red for such repairs or removal as the 
case may be, from the security deposit and the amount so deducted shall 
be paid by the tenant within a period of one month of issue of notice by 
the landlord in that regard :  
Provided that if the cost for such repairs exceed the security deposit, 
the tenant shall be liable to pay the excess cost including the security 
deposit so deducted to the landlord within a period of one month from the 
date of issuance of notice by the landlord in that regard. 
(4) In case the landlord refuses to carry out the repairs referred to in 
sub-section (1) or sub -section (2), the tenant may carry out such repairs 
and deduct the expenditure incurred towards the same from the rent to be 
paid for the succeeding months: 
Provided that in no case the deduction from rent in any one month 
shall exceed fifty per cent of the agreed rent for a month. 
(5) Where the premises is uninhabitable without the repairs and the 
landlord refuses to carry out the required repairs, after being called upon 
by the tenant in writing to do so, the tenant may abandon the premises after 
giving the landlord fifteen days notice in writing. 
(6) Where the premises let out on rent becomes uninhabitable for the 
tenant due to an event of force majeure or the tenant is unable to reside 
due to occurrence of such event, the landlord shall not charge rent from 
the tenant until the said premises is restored by the landlord, subject to the 
provisions of this section, to be inhabitable: 
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Provided that where the rented premises becomes uninhabitable as 
specified in sub -section (5) or this sub -section and the landlord fails to 
carry out the required repairs to make it inhabitable or the said premises 
could not be made inhabitable, then, the security deposit and advance rent 
shall be refunded by the landlord to the tenant within a period of fifteen 
days of the expiry of the notice period, after making due deduction of 
liability of the tenant, if any. 
Explanation.—  For the purposes of this section, "force majeure" 
means a situation of war, flood, drought, fire, cyclone, earthquake or any 
other calamity caused by nature affecting the habitation of the tenant in the 
premises let out on rent. 
16. Tenant to look after premises.—  During the subsistence of  
tenancy, the tenant shall 
(a)  not intentionally or negligently damage the premises or permit 
such damage; 
(b)  inform in writing the landlord of any damage; 
(c)  take reasonable care of the premises and its contents including 
fitting and fixtures and keep it reasonably habitable having 
regard to its condition at the  commencement of tenancy and 
the normal incidence of living. 
17. Entry into premises. — (1) Every landlord or the property 
manager may enter the premises let out on rent after serving a notice, in 
writing or through electronic mode, to the tenant at least twenty four hours 
before the time of entry under the following circumstances, namely :—  
(a) to carry out repairs or replacement or to do or to get work done 
in the premises; or 
(b) to carry out an inspection of the premises for the purpose of 
determining whether the premises are in a habitable state; or 
(c) for any other reasonable cause for entry specified in the 
tenancy agreement. 
(2) The notice referred to in sub-section (1) shall specify the day, time 
and reason for entry: 
Provided that no person shall enter the premises before sun rise and 
after sun set: 
Provided further that nothing contained in this section shall prevent 
the landlord from entering into the premises let out on rent without prior 
notice to the tenant in case of emergent situations like war, flood, fire, 
cyclone, earthquake or any other nat ural calamity, which may affect that 
premises. 
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18. Information as to property manager.—In case the landlord has 
engaged a property manager, the landlord shall provide the following 
information to the tenant, namely:—  
(a) name of the property manager; 
(b) proof that such property manager is authorized by the landlord; 
(c) specific purposes for which the property manager has been 
authorized by the landlord and the period of such 
authorization; and 
(d) if the property manager is a legal entity, the name of the entity 
and the person authorized in this behalf by that legal entity 
who may be contacted in relation to the tenancy agreement. 
19. Duties of property manager and consequences of violation of 
duties.— (1) The duties of the property manager shall include the 
following, namely:—  
(a) to collect rent against receipt; 
(b) to do essential repairs on behalf of the landlord; 
(c) to inspect the premises from time to time; 
(d) to give notices to tenant for 
(i) proper maintenance of the premises; 
(ii) delay in payment of rent; 
(iii) revision of rent; 
(iv) vacation of premises; 
(v) renewal of tenancy; 
(e) help in resolution of disputes among tenants and between 
landlord and tenant; 
(f) any other matters relating to tenancy to be acted upon only on 
the instructions of the landlord. 
(2) Where the property manager acts, in contravention of the 
provisions of sub-section (1) or against the instructions of the landlord, the 
Rent Authority may, on an application made to it by the landlord or tenant 
in that behalf, remove the property manager or impose such costs on the 
property manager so as to compensate any loss incurred by the landlord or 
tenant due to such contravention. 
20. Withholding essential supply or service. — (1) No landlord or 
property manager shall, either by himself or through any other person, 
withhold any essential supply or service in the premises occupied by the 
tenant. 
(2) In case of contravention of provisions of sub-section (1) and 
on application made by the tenant in this behalf, the Rent Authority 
after examining the matter, may pass an interim order directing the 
restoration of supply of essential services immediately on service of 
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such order upon the landlord or property manager, as the case may 
be, pending the inquiry referred to in sub-section (3). 
(3) The Rent Authority shall conduct an enquiry in respect of 
the application made by the tenant under sub- section (2), and 
complete the inquiry within one month of filing such application. 
(4) The Rent Authority may, after giving a reasonable 
opportunity of being heard, award compensation not exceeding two 
months rent to be paid by the person responsible for withholding the 
essential supply, so as to compensate the loss incurred. 
(5) The Rent Authority may levy a penalty of a sum not 
exceeding twice the monthly rent to the tenant, if it finds that the 
application was frivolous or vexatious. 
Explanation.— For the purposes of this section, essential 
services includes supply of water, electricity, piped cooking gas 
supply, lights in passages, lifts and on staircase, conservancy, 
parking, communication links and sanitary services. 
CHAPTER V 
EVICTION AND RECOVERY OF POSSESSION OF PREMISES 
BY LANDLORD 
21. Eviction and recovery of possession of premises by 
Landlord.—  (1) A tenant shall not be evicted during the continuance of 
tenancy agreement unless otherwise agreed to in writing by the landlord 
and tenant, except in accordance with the provisions of sub- section (2) or 
in accordance with the provisions of section 22. 
(2) The Rent Court may, on an application made to it by the landlord 
in such manner as may be prescribed, make an order for eviction and 
recovery of possession of the premises on one or more of the following 
grounds, namely: - 
(a)  that the tenant does not agree to pay the rent payable under 
section 8: 
(b)  that the tenant has not paid the arrears of rent and other 
charges payable in full as specified in sub -section (I) of 
section 13 for two consecutive months, including interest for 
delayed payment as may be specified in the tenancy 
agreement within a period  of one month from the date of 
service of notice of demand for payment of such arrears of 
rent and other charges payable to the landlord in the manner 
provided in sub-section (4) of section 106 of the Transfer of 
Property Act, 1882 (4 of 1882); 
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(c)  that the tenant has, after the commencement of this Act, parted 
with the possession of whole or any part of the premises 
without obtaining the written consent of the landlord: 
(d)  that the tenant has continued to misuse the premises even after 
receipt of notice from the landlord to desist from such misuse. 
Explanation.—  For the purposes of this clause, "misuse 
of premises" means encroachment of additional space by the 
tenant or use of premises which causes public nuisance or 
causes damage to the property or is detrimental to the interest 
of the landlord or for immoral or illegal purposes; 
(e)  where it is necessary for the landlord to carry out any repair 
or construction or rebuilding or addition or alteration or 
demolition in respect of the premises or any part thereof, 
which is not possible to be carried out without the premises 
being vacated: 
Provided that after such repair, construction, rebuilding, 
addition or alteration, the tenant may be allowed to reoccupy 
the premises only when it has been mutually agreed to 
between the landlord and the tenant and a new tenancy 
agreement has been submitted with the Rent Authority: 
Provided further that the tenant shall not be allowed to 
reoccupy the premises: 
(i)  in the absence of submission of such mutual tenancy 
agreement with the Rent Authority; and 
(ii)  in cases where the tenant has been evicted under the 
orders of a Rent Court; 
(f)  that the premises or any part thereof is required by the 
landlord for carrying out any repairs, construction, rebuilding, 
additions, alterations or demolition, for change of its use as a 
consequence of change of land use by the competent authority. 
Explanation.— For the purposes of this clause, the  
expression "competent authority" means the Municipal 
Corporation or the Municipality or the Development 
Authority or any other authority, as the case may be, which 
provides permission on matters relating to repair or 
redevelopment or demolition of building or permission for 
change in land use: 
(g)  that the tenant has given written notice to vacate the premises 
let out on rent and in consequence of that notice the landlord 
has contracted to sell the said premises or has taken any other 
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step, as a result of which his interests would seriously suffer 
if he is not put in possession of that premises: 
(h)  that the tenant has carried out any structural change erected 
any permanent structure in the premises let out on rent without 
the written consent of the landlord. 
(3) No order for eviction of the tenant on account of failure to pay the 
rent specified in clause (b) of sub -section (2) shall be made, if the tenant 
makes payment to the landlord or deposits with the Rent Court the arrears 
of rent and other charges payabl e, if any, including interest within one 
month from the date of service of the said demand notice upon him. 
(4) Where the tenant fails to pay rent consecutively for two months 
subsequent to the grant of the relief specified in sub-section (3) in any one 
year, then the tenant shall not be entitled to such relief again. 
(5) In any proceedings for eviction under clause (e) of sub-section (2), 
the Rent Court may allow eviction from only a part of the premises, if the 
landlord agrees for the same. 
22. Eviction and recovery of possession of premises in case of 
death of landlord.— (1) Notwithstanding anything contained in this Act 
or any other law for the time being in force, in case of death of the landlord, 
where there is a bonafide requirement of the premises let out on rent by 
the legal heirs of the landlord during the period of tenancy, such legal heirs 
may file an application in this behalf for eviction and recovery of 
possession of the said premises before the Rent Court in such form and 
manner, as may be prescribed. 
(2) The Rent Court may, on an application made to it under subsection 
(1), if it is satisfied that the legal heirs of the deceased landlord are in 
bonafide requirement of the premises let out on rent, pass necessary orders 
against the tenant for handing over vacant possession of the said premises 
to the legal heirs of the deceased landlord. 
23. Enhancement of rent in case of refusal by tenant to vacate.—
Where the tenant fails to vacate the premises let out on rent in accordance 
with the tenancy agreement on the expiration of the period of tenancy or 
termination of tenancy by an order or notice under the provisions of this 
Act, such tenant shall be liable to pay the landlord—  
(a)  twice the monthly rent for the first two months; and 
(b)  four times the monthly rent thereafter till the tenant 
continues to occupy the said premises. 
24. Refund of advance rent by landlord. —  (1) Where a landlord 
exercises the right of recovery of possession under sub -section (2) of 
section 21 or under section 22, and he had received any rent or any other 
payment in advance from the tenant, he shall before recovery of 
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possession, refund to the tenant such amount after deducting the rent and 
other charges due to him. 
(2) If the landlord fails to make any refund, he shall be liable to pay  
simple interest to the tenant at such rate as may be prescribed from time to 
time on the amount which he has omitted or failed to refund. 
25. Payment of rent during eviction proceedings.— In any 
proceedings for recovery of possession on any ground other than that 
referred to in clause (a) or clause (b) of sub-section (2) of section 21, where 
the tenant contests the claim for eviction, the landlord may at any stage of 
the proceedings apply to the Rent Court to direct the tenant to pay him the 
rent payable, as under section 8, and the Rent Court may order the tenant 
to make such payment and all other charges due from the tenant along with 
penal charges, if any, due to delay in payment, in accordance with the 
provisions of sub-section (1) of section 14. 
26. Permission to build additional structures.— (1) Tenant shall not 
carry out any structural change or erect any permanent structure in the 
premises let out on rent without the written consent of the landlord. 
(2) Where the landlord proposes to make any improvement in or 
construct any additional structure on any premises which has been let out 
to a tenant and the tenant refuses to allow the landlord to make such 
improvement or construct such additional structure , the landlord may 
make an application in this behalf to the Rent Court. 
(3) On an application made by the landlord under sub- section (2), if 
the Rent Court is satisfied that the landlord is ready and willing to 
commence the work which is necessary, the Rent Court may permit the 
landlord to do such work and may make such other order as it may deem 
fit: 
Provided that such improvement or additional structure shall not 
decrease or diminish or deteriorate the accommodation or housing services 
in the premises which may cause undue hardship to the tenant: 
Provided further that it shall be the responsibility of the tenant to 
remove any such additional structure built by tenant without consent of 
landlord. 
27. Special provision regarding vacant land.— (1) Notwithstanding 
anything contained in section 21 or section 22, where any premises let out 
for rent comprises vacant land, upon which it is permissible under the 
municipal bye -laws for the time being in force to erect any building 
whether for residence  or for any other purpose, and the landlord who 
intends to erect such building is unable to obtain possession of the same 
from the tenant on the basis of the tenancy agreement, the landlord or, in 
case of death of the landlord, his legal heirs, may file an application in this 
No. 32-1]     The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947.        15 
behalf, in such form and manner as may be prescribed, before the Rent 
Court. 
(2) The Rent Court may, on receipt of the application referred to in 
sub-section (1), if it is satisfied that the landlord is or, as the case may be, 
his legal heirs are ready and willing to commence the work and that the 
severance of the vacant land from the rest of the premises shall not cause 
undue hardship to the tenant—  
(a)  direct such severance after such enquiry as it may deem fit; 
(b)  place the landlord in possession of the vacant land; 
(c)  determine the rent payable by the tenant in respect of the rest 
of the premises; and 
(d)  make such other orders as it may deem fit in the circumstances 
of the case. 
28. Vacant possession to landlord.—  Notwithstanding anything 
contained in any other law for the time being in force, where the interest, 
of a landlord or in case of death of the landlord, of his legal heirs in any 
premises is determined for any reason whatsoever and any order is made 
by the Rent Court under this Act for the recovery of possession of such 
premises, such order shall, subject to the provisions of sub -section (3) of 
section 21, be binding on all occupants who may be in occupation of the 
premises and vacant possession thereof shall be given by all such 
occupants to the landlord or to the legal heirs of the landlord. 
29. Provisions regarding notice of giving up possession by 
tenant.— Notwithstanding anything contained in this Act or any other law 
for the time being in force, a tenant may give up possession of the premises 
on giving such written notice as is required under the tenancy agreement 
and in the absence of any stipulation rela ting to such notice, the tenant 
shall give notice to the landlord of at least one month before giving up 
possession of the premises. 
CHAPTER VI 
RENT AUTHORITIES, 
THEIR POWERS AND APPEALS 
30. Rent Authority. —The District Collector or District Magistrate 
shall, with the previous approval of the Government, appoint an officer, 
not below the rank of Deputy Collector, to be the Rent Authority within 
his jurisdiction. 
31.Power and procedure of Rent Authority.— The Rent Authority 
shall have all the powers as are vested in a Rent Court under this Act in 
respect of any proceedings initiated under sections 4, 9, 10, 14, 15, 19 or 
section 20 and the procedure as laid down in sections 35 and 36 shall apply 
in such proceedings. 
16       The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947.       [No. 32-1 
32. Appeals.— (1) Any person aggrieved by the order of the Rent 
Authority may prefer an appeal to the Rent Court having territorial 
jurisdiction. 
(2) The appeal under sub-section (1) shall be preferred within a period 
of thirty days from the date of the order of the Rent Authority. 
CHAPTER VII 
RENT COURTS AND RENT TRIBUNALS 
33. Rent Court.—The District Collector or District Magistrate shall, 
with the previous approval of the Government, appoint Additional 
Collector or Additional District Magistrate or an officer of equivalent rank, 
to be the Rent Court for the purposes of this Act, within his jurisdiction. 
34. Rent Tribunal.—The Government may, in consultation with the 
jurisdictional High Court, by notification, appoint District Judge or 
Additional District Judge as Rent Tribunal in each district. 
35. Procedure to be followed in Rent Court and Rent Tribunal.—  
(1) Save as provided in this section, nothing contained in the Code of Civil 
Procedure, 1908 (5 of 1908) shall apply to the Rent Courts and Rent 
Tribunals, which shall be guided by the principles of natural justice and 
shall have power to regulate their own procedure in the following manner, 
namely:- 
(a)  the landlord or the tenant may file an application or appeal 
before the Rent Court or, as the case may be, the Rent Tribunal 
accompanied by affidavit and documents, if any; 
(b)  the Rent Court or, as the case may be, the Rent Tribunal shall 
then issue notice to the opposite party. accompanied by copies 
of application or appeal, affidavit and documents; 
(c)  the opposite party shall file a reply accompanied by affidavit 
and documents, if any, after serving a copy of the same to the 
applicant; 
(d)  the applicant may file a rejoinder, if any, after serving the copy 
to the opposite party; 
(e)  the Rent Court or, as the case may be, the Rent Tribunal shall 
fix a date of hearing and may hold such summary inquiry as it 
deems necessary. 
(2) The Rent Court or, as the case may be, the Rent Tribunal shall 
endeavor to dispose the case as expeditiously as possible, not exceeding a 
period of sixty days from the date of receipt of the application or appeal: 
No. 32-1]     The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947.        17 
Provided that where any such application or, as the case may be, 
appeal could not be disposed of within the said period of sixty days, the 
Rent Court or the Rent Tribunal shall record its reasons in writing for not 
disposing of the application or appeal within that period. 
(3) In every application or appeal, before the Rent Court or the Rent 
Tribunal, the evidence of a witness shall be given by affidavit : 
Provided that the Rent Court or, as the case may be, the Rent Tribunal 
may, where it appears to it that it is necessary in the interest of justice to 
call a witness for examination or cross- examination, order attendance of 
such witness to be present for examination or cross-examination. 
(4) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) 
regarding service of summons shall be applicable mutatis mutandis for 
service of notice by the Rent Court or Rent Tribunal. 
(5) Every application or appeal shall be in such form as may be 
prescribed. 
(6) The Rent Authority or Rent Court or the Rent Tribunal as the case 
may be, shall not allow more than three adjournments at the request of a 
party throughout the proceedings and in case of reasonable and sufficient 
cause to do so, it shall record the reasons for the same in writing and order 
the party requesting adjournment to pay a reasonable cost. 
(7) Every application under clauses (a), (b), (e), (f) and (g) of 
subsection (2) of section 21 or under section 22 shall be decided within 
ninety days from the date of filing of such application in the Rent Court. 
(8) The Rent Court shall decide every application filed under clause 
(c) and (d) of sub-section (2) of section 21 within thirty days from the date 
of filing of such application. 
36. Powers of Rent Court and Rent Tribunal.— (1) The Rent Court 
and the Rent Tribunal shall, for discharging their functions under this Act, 
have the same powers as are vested in a civil court under the Code of Civil 
Procedure, 1908 (5 of 1908) for the purposes of,- 
(a)  summoning and enforcing the attendance of any person and 
examining him on oath 
(b)  requiring the discovery and production of documents; 
(c) issuing commissions for examination of the witnesses or 
documents; 
(d)  issuing commission for local investigation; 
(e)  receiving evidence on affidavits; 
(f)  dismissing an application or appeal for default or deciding it 
ex-parte; 
(g)  setting aside any order of dismissal of any application or 
appeal for default or any other order passed by it ex-parte; 
(h)  execution of its orders and decisions under this Act without 
reference to any civil court; 
18       The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947.       [No. 32-1 
(i)  reviewing its orders and decisions; 
(j)  revision of orders and decisions of Rent Authority and Rent 
Court and; 
(k) any other matter, which may be prescribed. 
(2) Any proceedings before the Rent Court or Rent Tribunal shall be 
deemed to be a judicial proceeding within the meaning of section 229 and 
267, and for the purpose of section 233, of the Bharatiya Nyaya Sanhita, 
2023 (no. 45 of 2023); and the Rent Court and the Rent Tribunal shall be 
deemed to be a civil court for the purposes of section 215 and Chapter 
XXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023. 
(3) For the purposes of holding any inquiry or discharging any duty 
under this Act, the Rent Court may, - 
(a) after giving not less than twenty -four hours notice in writing, 
enter and inspect or authorize any officer, subordinate to it, to 
enter and inspect, any premises at any time between sunrise 
and sunset; 
(b) by written order, require any person to produce for its 
inspection such books or documents relevant to the inquiry, at 
such time and at such place as may be specified in the order. 
(4) The Rent Court may, if it thinks fit, appoint one or more persons 
having special knowledge of the matter under consideration as an assessor 
or valuer to advise it in the proceeding before it. 
(5) Any clerical or arithmetical mistake in any order passed by the 
Rent Court or any other error arising out of any accidental omission may, 
at any time, be corrected by the Rent Court on an application received by 
it in this behalf from any of the parties or otherwise. 
(6) The Rent Court may exercise the powers of a Judicial Magistrate 
of the first class for the recovery of the fine under the provisions of the 
Bharatiya Nagarik Suraksha Sanhita, 2023 and the Rent Court shall be 
deemed to be a Magistrate under the said Sanhita for the purposes of such 
recovery. 
(7) An order made by a Rent Court or an order passed in appeal or 
revision, or review under this Chapter shall be executable by the Rent 
Court as a decree of a civil court and for this purpose, the Rent Court shall 
have the powers of a civil court. 
(8) The Rent Court may set aside any order passed ex -parte if the 
aggrieved party files an application and satisfies it that notice was not duly 
served or that he was prevented by any sufficient cause from appearing 
when the case was taken up for hearing. 
(9) Save as otherwise expressly provided in this Act, every order made 
by the Rent Court shall, subject to decision in appeal, be final and shall 
No. 32-1]     The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947.        19 
not be called in question in any original suit, application or execution 
proceedings. 
37. Appeal to Rent Tribunal.— (1) Any person aggrieved by an order 
passed by the Rent Court, may prefer an appeal along with a certified copy 
of such order to the jurisdictional Rent Tribunal within the local limits of 
which the premises is situated, within a period of thirty days from the date 
of that order. 
(2) The Rent Tribunal, upon filing an appeal under sub- section (1) 
shall serve notice, along with a copy of appeal to the respondent and fix a 
hearing not later than thirty days from the date of service of notice of 
appeal on the respondent and the appeal shall be disposed of within a 
period of sixty days from such date of service. 
(3) Where the Rent Tribunal considers it necessary in the interest of 
arriving at a just and proper decision, it may allow documents at any stage 
of the proceedings in appeal: 
Provided that no such document shall be allowed more than once 
during the hearing. 
(4) The Rent Tribunal may, in its discretion, pass such interlocutory 
order during the pendency of the appeal, as it may deem fit. 
(5) While deciding the appeal, the Rent Tribunal m

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