Sec 12 to 20 (Chapter IV Rights and Responsibilities of Landlords and Tenants)The Jammu and Kashmir (Residential and Com

12. One set of the original Agreement to be given to the Tenant.––

After a tenancy agreement has been signed by both the landlord and tenant, the landlord must give the original signed and registered or notarized agreement to the tenant within fifteen days of the agreement, being signed by both the landlord and the tenant in the manner as prescribed.

13. Payment of rent and receipt thereof. ––

(1) Every tenant shall pay rent and other charges within the stipulated period as in the tenancy agreement or in the absence of such stipulation by the tenth day of the month next following the month for which it is payable and in the event of default the tenant shall be liable to pay simple interest at the prescribed rate for the period by which the rent payment has been delayed.

(2) Every landlord will give a receipt for all payments made by the tenant on account of rent, including penal interest; advance rent and security deposit and all other charges or fees.

14. Deposit of rent with Rent Controller. ––

(1) In case the landlord does not accept any rent or other charges or refuses to give receipt, the tenant shall send rent and other charges to the landlord by postal money order or through account payee cheque, or in any other manner as prescribed.

(2) In the event of non-acceptance of rent and other charges by any mode of payment by the landlord, the tenant may deposit rent and other charges with the Rent Controller in the manner, as may be prescribed.

(3) On deposit of the rent, the Rent Controller shall investigate and pass an order based on facts of the case.

(4) Any rent and charges not withdrawn for five years by any person entitled to withdraw shall stand forfeited towards the Government.

15. Responsibilities for maintenance. ––

(1) Subject to any agreement to the contrary, both the landlord and tenant will be responsible for the respective repairs and maintenance as in Schedule III.

(2) In case of common facilities shared among the tenants or with the landlord the respective responsibilities of each tenant and landlord will be specified in the tenancy agreement.

(3) In the event of tenants’ refusal to carry out scheduled or agreed repairs, the landlord shall get the repairs done and deduct the amount from the security deposit.

(4) In case the landlord refuses to carry out the scheduled or agreed repairs, the tenant can get the work done and deduct the same from periodic rent :

Provided that in no case will the deduction from rent in any one month exceed fifty percent of the agreed rent for one month.

(5) In case the unit is inhabitable without the repairs and the landlord has refused to carry out the required repairs, after being called upon to get the repairs done in writing by the tenant(s), the tenant(s) will have the right to abandon the unit after giving landlord fifteen days notice in writing or approach the Rent Controller.

16. Tenant to look after the Rental Unit.––

During the tenancy, the tenant must,––

(i) not intentionally or negligently damage the rental unit or permit such damage ;

(ii) notify the landlord of any damage as soon as possible ; and

(iii) take reasonable care of the rental unit and its contents and keep them reasonably habitable having regard to their condition at the commencement of tenancy and the normal incidence of living.

17. Entry with Notice. ––

(1) A landlord or the Property Manager may enter a rental unit in accordance with written notice given to the tenant at least twenty four hours before the time of entry under the following circumstances––

(a) to carry out repairs or replacement or do or get done work in the rental unit ;

(b) to carry out an inspection of the rental unit for the purpose of determining whether the rental unit is in a habitable state ;

(c) for any other reasonable reason for entry specified in the tenancy agreement.

(2) The written notice will specify the reasons for entry, the day and time of entry :

Provided that the time for entry shall be between sunrise and sunset.

18. Information about the Property Manager.––

In case the landlord has hired a Property Manager, the landlord must provide tenant the following information––

(i) name of the Property Manager ;

(ii) the fact that he is agent of the landlord and employed by the landlord ; and

(iii) if the Property Manager is a company, name of the employee of the company who can be contacted in relation to the residential tenancy agreement.

19. Role and responsibilities of Property Manager.––

The functions of the Property Manager may include the following:––

(i) collection of rent against receipt ;

(ii) getting essential repairs done on behalf of the landlord ;

(iii) inspection of the rental unit from time to time ;

(iv) giving notices to tenant(s) for,––

(a) proper maintenance of the rental unit ;

(b) delay in payment of rent ;

(c) revision of rent ;

(d) vacation of rental unit ;

(e) renewal of tenancy ;

(v) help in resolution of disputes among tenants and between landlord and tenant(s) ; and

(vi) other matters relating to tenancy.

20. Cutting off or withholding essential services. ––

(1) No landlord or tenant by himself or through any person shall cut off or withhold any essential supply or service in the rental unit occupied by the tenant or the landlord.

(2) In case of contravention of provisions of sub-section (1) and on an application from the tenant or the landlord, as the case may be, the Rent Controller after examining the matter may pass an interim order directing the restoration of supply of essential services immediately pending the inquiry.

(3) The Rent Controller may also levy a penalty on the person responsible for cutting off or withholding the essential supply, which may extend upto Rupees twenty thousand only.

(4) The Rent Controller may direct that compensation be paid to the landlord or tenant if it finds that the application was made frivolously or veraciously.

Explanation:––

Essential services include supply of water, electricity, lights in passage, lifts and on staircase, conservatory and sanitary services.