Sec 4 to 7 (Chapter II Tenancy)The Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012.

4. Notification of Tenancy. ––

(1) Notwithstanding anything contained in the Act or any other law for the time being in force, any agreement for letting of any rental unit entered into between the landlord and the tenant(s), after the commencement of the Act, shall be in writing and that such tenancy agreement will be registered or notarized with the Notary Public and signed jointly by the landlord and tenant(s) in the manner prescribed :

Provided that two copies of the tenancy agreement shall be made in original, one each for the landlord and the tenant and the tenancy agreement shall be as given in Schedule I.

(2) In case of any changes in the terms of tenancy agreement, the same will be incorporated in a new tenancy agreement, which shall be registered or notarized as prescribed within thirty days of the changes having occurred.

(3) In case of joint tenants, the tenancy agreement may be entered into with all the tenants jointly or with each tenant separately. In case of joint tenancy agreement all tenants will sign the tenancy agreement and receive a copy of the same.

(4) In case of unregistered existing tenancies, the landlord and the tenant shall record terms of tenancy as subsisting on the date of commencement of the Act as per Schedule II and get this registered or notarized within six months of the commencement of the Act :

Provided that at the end of the period of twenty four months from the commencement of the Act, the landlord and the tenant will enter into a new tenancy agreement as per Schedule I and for all intent and purposes the tenancy will be construed as new tenancy at the end of twenty four months from the commencement of the Act.

5. Period of Tenancy. ––

(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.

6. Inheritability of existing tenancies.––

In case of existing tenancies, in the event of death of the tenant, the right of tenancy shall devolve to his successors in the following order :––

(a) spouse ;

(b) children ;

(c) parents ; and

(d) daughter-in-law being the widow of predeceased son :

Provided that the successor has ordinarily been living in the premises with the deceased tenant as a member of family upto his death and was economically dependent on the deceased tenant and he or his spouse or dependent children do not own or occupy a residential unit in the same urban area.

7. Restriction on Subletting. ––

(1) After the commencement of the Act, no tenant shall, without the previous consent in writing of the landlord,––

(a) sublet whole or any part of the premises held by him as a tenant ; or

(b) transfer or assign his rights in the tenancy or any part thereof.