Section 15 in Jammu and Kashmir Residential and Commercial Tenancy Act, 2012
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.
