Section 9 in Jammu and Kashmir Residential and Commercial Tenancy Act, 2012
9. Revision of Rent
(1) Revision of rent between the landlord and the tenant shall be as per the terms set in the tenancy agreement.(2)The landlord shall give a notice in writing to the tenant three months before the revised rent becomes due.(3)If a tenant who has been given notice of an intended rent increase under sub-section (2) fails to give the landlord notice of termination of tenancy, the tenant shall be deemed to have accepted whatever rent increase has been proposed by the' landlord.(4)In case the rental unit has been let for a fixed terns, rent may not be increased during the currency of the tenancy period unless the amount of increase or method of working out the increase is expressly set out in the tenancy agreement.(5)No tenant shall directly or indirectly sublet or assign, whole or part of the rental unit for a rent that is higher than the rent or the proportionate rent charged by the landlord to the tenant.(6)Where the landlord, after the commencement of tenancy and with agreement with the tenant has incurred expenditure on account of improvement, addition or structural alteration in the rental unit occupied by the tenant, not being repairs necessary to be carried out under section 15, the landlord may increase the rent of the premises by an amount as agreed between the landlord and the tenant prior to the commencement of the work and such increase in rent will become effective from one month after the completion of work.(7)Where after the rent of a rental unit has been agreed or fixed, there has been a decrease or diminution or deterioration of accommodation or services in the rental unit, the tenant may claim a reduction in the rent 4nd may approach the Appellate Rent Tribunal for the same in case of a conflict.(8)The landlord may either restore the rental unit and the connected service's as a l the commencement of tenancy or agree for a reduction in rent.
