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Section 21: Termination of tenancy.

The Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012Union territory Act of Jammu and Kashmir · Act 5 of 2012

(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.

Where this provision sits

ActThe Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012
Section21
Marginal noteTermination of tenancy.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

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