J&K Judiciary • Paper B • Current Law

J&K Tenancy Act, 2025
for Judiciary 2027

Prepare the tenancy law presently in force in Jammu and Kashmir through the Jammu and Kashmir Tenancy Act, 2025 read with the J&K Tenancy Rules, 2026.

This guide focuses on statutory structure, tenancy agreements, rent, rights and duties, eviction, Rent Authority, Rent Court, Rent Tribunal, appeals, forms and exam-oriented revision.

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2027 preparation • Act IV of 2025 • In force from 15 February 2026 • Rules 2026

Current Law Position

The Jammu and Kashmir Tenancy Act, 2025 is the operative tenancy statute covered by this guide. It came into force on 15 February 2026, and the J&K Tenancy Rules, 2026 prescribe forms, filing and procedural details for implementation.

Act IV of 2025Assent & Gazette • 1 Nov 2025

15 Feb 2026Commencement date

Act + Rules 2026S.O. 189 • procedural framework

3 AuthoritiesRent Authority • Court • Tribunal

Reviewed by Ashish Jain Sir Founder, Doon Law Mentor

Statutory identity + structure

J&K Tenancy Act, 2025 at a Glance

The Jammu and Kashmir Tenancy Act, 2025 received the Lieutenant Governor’s assent on 1 November 2025 and was published in the J&K Official Gazette as Act No. IV of 2025. Section 1 extends it to the whole Union Territory of Jammu and Kashmir. The commencement notification appointed 15 February 2026 as the date on which the Act came into force.

Exact titleJammu and Kashmir Tenancy Act, 2025

Act numberAct No. IV of 2025

Assent / Gazette1 November 2025

Commencement15 February 2026

ExtentWhole UT of Jammu and Kashmir

Structure8 Chapters • 47 Sections

Schedules2 statutory Schedules

RulesJ&K Tenancy Rules, 2026 • S.O. 189

Chapter architecture

Chapter I • Sections 1–3Preliminary

Chapter II • Sections 4–7Tenancy

Chapter III • Sections 8–11Rent

Chapter IV • Sections 12–20Rights & obligations

Chapter V • Sections 21–29Eviction & recovery

Chapter VI • Sections 30–32Rent Authority & appeals

Chapter VII • Sections 33–38Rent Court & Tribunal

Chapter VIII • Sections 39–47Miscellaneous

Primary sources: Official Act / Gazette · Commencement notification · J&K Tenancy Rules, 2026

Sections 2–3

Scope, Application & Important Definitions

Premises under section 2 covers a building or part of a building intended to be let for residential, commercial or educational use, except industrial use, together with specified appurtenances and fittings. Hotels, lodging houses, dharamshalas and inns are excluded from the definition. Section 3 separately excludes specified categories of premises from the Act.

Landlord

A person entitled to receive rent, including specified successors, trustees, guardians or receivers acting for another.

MCQ trap: the definition is wider than the person who physically collects rent.

Tenant

A person by or on whose account rent is payable under a tenancy agreement; it includes a sub-tenant and a person continuing after termination, but excludes a person against whom an eviction order or decree has been made.

MCQ trap: post-termination possession can still fall within the statutory definition.

Premises

Residential, commercial or educational letting; industrial use is outside the definition. Appurtenant garden, garage or closed parking, land, grounds, out-houses and fittings may be included.

MCQ trap: hotel, lodging house, dharamshala and inn are expressly excluded.

Property manager / rental agent

A property manager is authorised by the landlord to manage the premises; a rental agent negotiates or facilitates renting for remuneration and includes brokers, property dealers and middlemen.

MCQ trap: the Act separately regulates duties of a property manager under section 19.

Section 3 exclusions

The Act does not ordinarily apply to premises owned or promoted by Government, local authorities, Government undertakings, statutory bodies or Cantonment Boards; employer-provided premises owned by a company, University or organisation; notified religious or charitable premises; specified Auqaf or trust premises; and other categories specifically exempted in public interest. Section 3(2) permits the owner and tenant of such premises to agree to regulation under the Act and inform the Rent Authority when the tenancy is reported under section 4.

Sections 4–11 + Rules 3–7

Tenancy Agreement, Rent & Security Deposit

For a post-commencement tenancy, section 4 makes a written tenancy agreement the statutory starting point. The agreement is not enough by itself: the Act also requires information to the Rent Authority, while the 2026 Rules prescribe the filing mode, identification process and forms used for rent-related applications.

Written agreement + information • s.4

Landlord and tenant must jointly inform the Rent Authority in the First Schedule form. If they fail to do so jointly within the initial period, each must separately inform the execution within the further period specified by section 4(2).

High-value consequence — section 4(6): The information furnished under section 4 is conclusive proof of the tenancy-related facts stated there. In the absence of the required statement of information, the landlord and tenant are not entitled to relief under the Act.

2 months jointly • then 1 further month separately

Digital platform + UIN • s.4 / Rule 3

Rule 3 permits physical or electronic information, requires a Unique Identification Number and e-receipt, and requires uploading of tenancy details. Online filing uses a secured OTP or similar validation process.

UIN / e-receipt within 7 working days

Period / renewal • s.5

The tenancy runs for the period agreed in the agreement. Renewal or extension depends on mutual agreement and a new tenancy agreement. Force-majeure protection applies at expiry on the terms stated in section 5.

Force-majeure continuation: up to 1 month after cessation

Subletting / assignment • s.7

No subletting, transfer or assignment without a supplementary agreement to the existing tenancy agreement. Sub-tenancy must be informed to the Rent Authority in the First Schedule form.

Information within 2 months of supplementary agreement

Rent & revision • ss.8–10

Rent and revision ordinarily follow the tenancy agreement. A written pre-work agreement may support increase after qualifying improvement, addition or structural alteration. Disputes on revision go to the Rent Authority.

Agreed improvement increase: effective 1 month after completion

Security deposit • s.11

The agreed advance security deposit is statutorily capped. It is refundable when vacant possession is taken over, after deduction of the tenant’s liability.

Residential ≤ 2 months • Non-residential ≤ 6 months

Provision → Rule → Exam point

Section 10 + Rule 4: Form-I is used for revision of rent, Form-IA for revision of other charges, and Form-IB for appointment of a recognised valuer. Section 14 + Rule 5: where rent is refused, prescribed payment modes are tried consecutively for two months before deposit with the Rent Authority. Section 24 + Rule 7: failure to refund the amount due attracts simple interest at the J&K Bank MCLR from the date it became due until actual refund.

Sections 12–20 + Second Schedule

Rights, Obligations & Maintenance

Chapter IV builds the day-to-day landlord–tenant framework: original agreements, rent receipts, deposit of refused rent, repairs, care of premises, entry, property-manager duties and essential services. The Second Schedule allocates maintenance responsibility unless the tenancy agreement provides otherwise.

Landlord / Property Manager

Retain one original signed copy of the tenancy agreement; the tenant keeps the other.
Give a signed receipt for rent and charges; electronic bank acknowledgement is conclusive proof when payment is electronic.
Carry the landlord-side repairs identified in section 15 and the Second Schedule unless otherwise agreed.
Give at least 24 hours’ notice before ordinary entry; notice must state day, time and reason.
Do not withhold essential supply or service under section 20.
Property-manager duties include rent collection against receipt, essential repairs, inspections and specified notices.

Tenant

Pay rent and other agreed charges within the period fixed by the tenancy agreement.
Keep the premises reasonably habitable, avoid intentional or negligent damage and inform the landlord of damage in writing.
Carry tenant-side periodic repairs under the Second Schedule unless otherwise agreed.
Do not make structural change or permanent structure without written landlord consent.
Where the landlord fails to perform qualifying repairs, statutory rent-deduction and abandonment safeguards apply subject to section 15 conditions.
Follow agreed notice for surrender; absent a stipulation, section 29 requires at least one month’s notice.

Repair deduction • s.15(4)

When the tenant carries out qualifying repairs after landlord refusal, expenditure may be deducted from succeeding rent subject to the statutory monthly cap.

Maximum deduction in one month: 50% of monthly rent

Uninhabitable premises • s.15

After written demand for repairs, a tenant may abandon qualifying uninhabitable premises on notice. Where statutory conditions are met, security deposit and advance rent must be refunded after the notice period.

15-day notice • refund within 15 days after notice period

Essential services • s.20

Rent Authority may order immediate restoration pending inquiry, complete inquiry within the statutory period and compensate loss.

Frivolous / vexatious application: If an application under section 20 is found frivolous or vexatious, the Rent Authority may levy a penalty not exceeding twice the monthly rent.

Inquiry: 1 month • compensation ≤ 2 months’ rent

Second Schedule: landlord items include structural repairs except tenant-caused damage, whitewashing and painting, necessary plumbing-pipe changes and major internal or external electrical wiring. Tenant periodic items include taps and washers, drains, sanitary fittings, switches and sockets, ordinary electrical equipment, kitchen fixtures, locks and knobs, fly-nets, glass panels and maintenance of gardens or open spaces used by the tenant.

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Sections 21–29

Eviction & Recovery of Possession

Section 21 is the principal eviction provision. A tenant is protected during the tenancy except as agreed in writing or where the statutory grounds and conditions are satisfied. Read every ground with its notice requirement, cure opportunity, proviso and procedural forum rather than memorising labels alone.

Section 21(2): statutory grounds for eviction

The Rent Court may order eviction or recovery on one or more of these grounds: refusal to pay the rent payable under section 8; arrears and other charges for two consecutive months after the statutory demand and cure framework; parting with possession without written landlord consent; continuing misuse after notice to desist; repair, construction, rebuilding, addition, alteration or demolition that requires vacancy; such work required because of authorised change of land use; tenant’s written notice to vacate followed by landlord action that would seriously prejudice the landlord if possession is not restored; and structural change or permanent structure made without written landlord consent.

Default protection: for the arrears ground, eviction is not ordered if the tenant pays or deposits arrears, charges and applicable interest within one month from service of the demand notice. If the tenant again fails to pay rent for two consecutive months after receiving this relief in the same year, the relief is not available again.

Legal heirs, expiry and enhanced occupation charge

Section 22: after the landlord’s death, legal heirs may seek eviction during the tenancy on bona fide requirement, through the Rent Court and prescribed form. Section 23: where the tenant does not vacate after expiry or lawful termination, the statutory enhanced rent is twice the monthly rent for the first two months and four times the monthly rent thereafter while occupation continues.

Refunds, rent during proceedings and structural work

Section 24: before recovery of possession under section 21(2) or section 22, advance amounts due back to the tenant must be refunded after permitted deductions; Rule 7 fixes delayed-refund interest at the J&K Bank MCLR. Section 25: in specified contested eviction proceedings, the landlord may seek an order for current rent and other charges during the case. Section 26: the tenant cannot make permanent structural changes without written consent; the Rent Court may permit qualifying landlord improvements where statutory conditions are satisfied.

Vacant land, binding possession orders and tenant surrender

Section 27: provides a special Rent Court mechanism for qualifying vacant land where the landlord or legal heirs intend permissible building work and severance will not cause undue hardship. Section 28: a Rent Court recovery order is binding on occupants subject to section 21(3). Section 29: the tenant follows the notice period in the agreement; if none is specified, at least one month’s written notice is required before giving up possession.

Rules link

Rule 6 prescribes Form-II for landlord applications under section 21(2) and legal-heir applications under section 22. Do not confuse the statutory ground with the procedural form used to invoke the Rent Court.

Sections 30–40

Authorities, Jurisdiction, Procedure & Appeals

The Act creates a three-level institutional structure, but every dispute does not mechanically pass through all three levels. The correct forum depends on the provision and the order under challenge.

Rent Authority • s.30

Appointed by the District Collector or District Magistrate with previous Government approval; the officer must be not below Deputy Collector rank.

Proceedings include sections 4, 9, 10, 14, 15, 19 and 20 through section 31.

Rent Court • s.33

Additional Collector, Additional District Magistrate or equivalent-rank officer appointed by the District Collector or District Magistrate with previous Government approval.

Original statutory functions include eviction or recovery and other matters assigned by the Act; also hears section 32 appeals.

Rent Tribunal • s.34

Government may, in consultation with the jurisdictional High Court, appoint a District Judge or Additional District Judge as Rent Tribunal in each district.

Hears section 37 appeals from Rent Court orders.

Review / revision point

Section 36 also includes reviewing orders and decisions, and revision of orders and decisions of the Rent Authority and Rent Court, among the specified powers under the Chapter. For Prelims, do not reduce the remedial framework to appeals alone.

Appeal and procedure map

Order / Authority

Remedy

Forum

Limitation / Time

Rent Authority order • s.32

Appeal

Rent Court with territorial jurisdiction

30 days from order

Rent Court order • s.37

Appeal with certified copy

Jurisdictional Rent Tribunal

30 days from order

Rent Tribunal appeal • s.37(2)

Hearing / disposal timetable

Rent Tribunal

Hearing ≤ 30 days from service; disposal ≤ 60 days from service

Execution • s.38

Execution application

Rent Court

Summary disposal ≤ 30 days from service of execution notice

General disposal • s.35

Rent Court and Tribunal are guided by natural justice, regulate procedure, use affidavit evidence and ordinarily endeavour to dispose applications or appeals within the statutory period.

General target: 60 days; reasons required for delay

Eviction timelines • s.35(7)–(8)

Applications under section 21(2)(a), (b), (e), (f), (g) and section 22 carry one disposal period; section 21(2)(c) and (d) carry a shorter period.

90 days • specified grounds | 30 days • clauses (c) & (d)

Adjournment discipline • s.35(6)

Rent Authority, Rent Court or Tribunal cannot allow more than the stated number of adjournments at a party’s request; reasons and reasonable cost are required where allowed.

Maximum: 3 requested adjournments

CPC, execution and civil-court jurisdiction

Section 35 excludes general CPC application to Rent Courts and Tribunals except where the Act provides otherwise; CPC rules on service of summons apply mutatis mutandis, and section 36 confers specified civil-court powers. Orders are executable by the Rent Court, including delivery of possession and attachment of bank accounts. Section 40 bars ordinary civil-court suits or proceedings on matters governed by the Act; Rent Court jurisdiction is limited to the tenancy agreement submitted in the First Schedule and does not extend to title or ownership questions.

S.O. 189 • 2 July 2026

J&K Tenancy Rules, 2026 + Statement-Based MCQ Traps

The Rules operationalise section 44 through filing modes, forms, applications, appeals and execution procedure. They extend to the whole UT and come into force on publication in the Official Gazette. For exam preparation, read a procedural Rule together with the parent section rather than memorising the form number alone.

Rule 3 → Section 4

Tenancy information and digital platform: physical or electronic mode, UIN and e-receipt, seven-working-day upload, privacy and security, and OTP or similar secured validation.

Rule 4 → Section 10

Revision of rent or other charges: Form-I, Form-IA and Form-IB; hearing of both sides; recognised valuer mechanism.

Rule 5 → Section 14

Refused rent: prescribed payment channels for two consecutive months, followed by electronic deposit with Rent Authority if refusal continues.

Rule 6 → Sections 21(2) & 22

Eviction or recovery application to Rent Court in Form-II, including legal-heir recovery under section 22.

Rule 7 → Section 24(2)

Delayed refund of advance or security amount attracts simple interest at a rate equivalent to J&K Bank MCLR from due date until actual refund.

Rule 8 — Appearance before statutory forums

A party may appear before the Rent Authority, Rent Court or Rent Tribunal personally, through an authorised representative, or through a legal practitioner, subject to the control and directions of the concerned forum.

Rules 9–10

Form-III for Rent Court applications generally; Form-IV for specified Rent Authority applications under sections 10, 14, 15 and 20. Rule 10 gives 15 days for reply, extendable for recorded reasons but not beyond 30 days from service.

Rules 11–12 → Appeals

Section 32 appeal to Rent Court uses Form-V; section 37 appeal to Rent Tribunal uses Form-VI with memorandum and certified-copy requirements.

Rule 13 → Section 38

Execution by Rent Court through directions and, where needed, appointment of an advocate, competent person or officer to ensure execution.

Statement-based MCQ traps

Authority ≠ Court: rent revision and essential-service issues can lie with Rent Authority; eviction lies with Rent Court.

Court ≠ Tribunal: Rent Court also hears appeals from Rent Authority; Tribunal hears appeals from Rent Court.

30 days appears more than once: appeal limitation, some eviction disposal and execution disposal have different statutory triggers.

Act vs Rules: the Act creates the right or forum; Rules prescribe forms, filing and procedural implementation.

Security deposit caps differ: residential and non-residential premises have different maximums.

Definition trap: “premises” includes educational letting but excludes industrial use and specified accommodation categories.

Jurisdiction trap: civil-court bar does not turn Rent Court into a title or ownership court.

Mandatory vs discretionary wording: distinguish “shall” filing or timeline duties from powers expressed as “may”.

Prelims + Mains + rapid revision

How to Prepare the Act for J&K Judiciary 2027

Prelims high-value areas

Section 2 definitions and section 3 exclusions.
Section 4 agreement/reporting deadlines and Rule 3 digital process.
Sections 8–11 rent, revision and security-deposit caps.
Sections 15, 17 and 20: maintenance, entry and essential services.
Section 21 grounds and cure or proviso structure; sections 22–24.
Sections 30–38: authority, appeals, procedure and execution.
Section 40 jurisdiction; section 47 repeal and savings.
Rules 3–13, forms and the two Schedules.

Mains answer-writing themes

Formalisation of tenancy through written agreement and statutory information.
Balancing landlord recovery rights with tenant safeguards.
Institutional design: Rent Authority, Rent Court and Rent Tribunal.
Summary procedure, limited CPC application and execution architecture.
Rights and duties, maintenance allocation and essential-service protection.
Civil-court jurisdiction bar and exclusion of title or ownership adjudication.

Using PYQs

Use J&K Civil Judge Paper II PYQs to understand objective-question style, authority traps, statutory detail and procedural sequencing. For current preparation, verify substantive propositions against the J&K Tenancy Act, 2025 + J&K Tenancy Rules, 2026. Open J&K Civil Judge PYQs & analysis →

Rapid revision flow

ScopeAgreementRentRights / DutiesEvictionRent AuthorityRent CourtRent TribunalAppealsRules

Days 1–2

Identity, scope, agreement & rent

Sections 1–11 with First Schedule.
Definitions, exclusions and all verified numerical limits.
Rules 3–5 and rent or security-deposit traps.

Days 3–4

Rights, duties & eviction

Sections 12–20 + Second Schedule.
Section 21 grounds with notice and cure conditions.
Sections 22–29 and enhanced-rent or refund provisions.

Days 5–6

Authorities, procedure & Rules

Sections 30–40 and appeal map.
Rules 6–13 and Forms II–VI.
Execution, CPC interaction and jurisdiction.

Day 7

PYQs + final recall

Attempt tenancy and Paper II questions.
Retest time limits, forums and monetary caps.
Finish with section map + Rule-to-section map.

Act IV of 2025 • 8 Chapters • 47 sections • 2 Schedules fixed in memory.

All agreement/reporting and digital-platform timelines revised.

Security deposit, repair deductions, compensation and enhanced-rent figures revised.

Section 21 grounds revised with provisos and cure opportunity.

Authority → Court → Tribunal roles and appeal routes revised.

Rules 3–13 and Forms I, IA, IB, II–VI mapped to parent provisions.

FAQs • sources • related guides

J&K Tenancy Act, 2025 — FAQs & Official Sources

When did the J&K Tenancy Act, 2025 come into force?

The Government appointed 15 February 2026 as the commencement date under section 1(3).

What is Act IV of 2025?

Act No. IV of 2025 is the Jammu and Kashmir Tenancy Act, 2025, assented to and published on 1 November 2025. It extends to the whole Union Territory of Jammu and Kashmir.

Are the J&K Tenancy Rules, 2026 important for Judiciary preparation?

Yes. S.O. 189 prescribes important filing, form and procedure details, including tenancy information, rent applications, eviction or recovery forms, appeals and execution.

What is the role of the Rent Authority?

The Rent Authority is appointed under section 30 and exercises the statutory powers assigned through section 31 for proceedings under sections 4, 9, 10, 14, 15, 19 and 20. Its orders are appealable to the territorial Rent Court under section 32.

What is the difference between Rent Authority, Rent Court and Rent Tribunal?

They perform different statutory functions. The Rent Authority handles specified regulatory and dispute matters; the Rent Court exercises original functions assigned by the Act and hears appeals from Rent Authority orders; the Rent Tribunal hears appeals from Rent Court orders under section 37.

What is the appeal structure under the Act?

Section 32 provides an appeal from Rent Authority to Rent Court within 30 days from the order. Section 37 provides an appeal from Rent Court to the jurisdictional Rent Tribunal within 30 days from the order.

What should I focus on for Prelims?

Prioritise definitions and exclusions, tenancy-information deadlines, security-deposit caps, repair, entry and essential-service provisions, eviction grounds, authority or forum distinctions, appeal or execution timelines, jurisdiction, Schedules and the procedural Rules and forms.

Where can I read the official Act and Rules?

Use the official J&K Law Department Act or Gazette PDF and the official J&K Tenancy Rules, 2026 PDF linked in the source box below.

Official Act/Gazette — Jammu and Kashmir Tenancy Act, 2025

Official commencement notification — 15 February 2026

Official J&K Tenancy Rules, 2026 — S.O. 189

J&K Law Department — State/UT Acts portal

J&K Law Department — Notifications / S.O. portal

Repeal & savings — section 47: the 2012 Residential and Commercial Tenancy enactment is repealed. Cases and proceedings pending under that enactment at commencement continue and are disposed of under its provisions as though it had continued in force.

Source & Copyright Note: The statutory provisions, rules, Gazette notifications and official materials referenced on this page are published by the Government of Jammu and Kashmir or other competent public authorities and are linked to their official sources. Doon Law Mentor does not claim ownership of those official materials. The preparation framework, section maps, tables, explanations, revision methods, MCQ traps and educational commentary on this page are independently prepared by Doon Law Mentor for examination guidance.

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J&K Tenancy Act, 2025for Judiciary 2027

J&K Tenancy Act, 2025 at a Glance

Chapter architecture

Prepare Smarter on the Doon Law Mentor App

Scope, Application & Important Definitions

Tenancy Agreement, Rent & Security Deposit

Rights, Obligations & Maintenance

Landlord / Property Manager

Tenant

Choose Your Next Step

J&K Judiciary Updates & Resources

J&K Judiciary Test Series

J&K Judiciary Complete Course

Eviction & Recovery of Possession

Section 21(2): statutory grounds for eviction

Legal heirs, expiry and enhanced occupation charge

Refunds, rent during proceedings and structural work

Vacant land, binding possession orders and tenant surrender

Authorities, Jurisdiction, Procedure & Appeals

Appeal and procedure map

J&K Tenancy Rules, 2026 + Statement-Based MCQ Traps

Statement-based MCQ traps

How to Prepare the Act for J&K Judiciary 2027

Prelims high-value areas

Mains answer-writing themes

Rapid revision flow

Identity, scope, agreement & rent

Rights, duties & eviction

Authorities, procedure & Rules

PYQs + final recall

J&K Tenancy Act, 2025 — FAQs & Official Sources

When did the J&K Tenancy Act, 2025 come into force?

What is Act IV of 2025?

Are the J&K Tenancy Rules, 2026 important for Judiciary preparation?

What is the role of the Rent Authority?

What is the difference between Rent Authority, Rent Court and Rent Tribunal?

What is the appeal structure under the Act?

What should I focus on for Prelims?

Where can I read the official Act and Rules?

Related J&K Judiciary guides

Prepare the Complete J&K Judiciary Syllabus

Online Preparation Options for Jammu & Kashmir Judiciary 2027

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J&K Tenancy Act, 2025
for Judiciary 2027