Under the Jammu and Kashmir houses and shops rent control Act 1966 ;the contract of tenancy is a contract between the landlord and the tenant.
Landlord : means any person who for the time being is receiving the rent of any house or shop from the tenant thereof and includes any person who is entitled to bring suit for such rent.
Tenant; Means any person by or on whose account rent or any money liable to be paid for use of house or shop is or but for a special contact would be payable for any such premises and includes legal representative of such person and person continuing in possession after termination of tenancy in his favour but does not include any person placed in occupation of the house or shop by its tenant without the consent of the landlord.
Both should act honestly and ubrimma fides , to make the bond strong between the two parties there must be transparency means there should be no fraud, coercion, compulsion etc when the landlord and the tenant makes contract with each other for a specific period landlord has no right to evict the tenant from the building, shop, etc or any part or portion apparent to the said building or shop , unless and untill he/ she commits any wrongful act or indulge in any offence or create any miscreant act or used for immoral or illegal purposes.
According to section 11 ; not withstanding anything to the contrary in any other act or law no order or decree for the recovery of possession of any house or shop shall be made by any court in favour of the landlord against a tenant , including a tenant whose lease has expired : provided that nothing in this sub-section shall apply to any suit or decree for such recovery of possession –
a)Against a tenant who has transferred his tenancy right in whole or in part with possession otherwise than by sub -lease
b)Against such transferee;
c)Against a tenant who has sub-let the whole or major portion of the house or shop for more than seven consecutive months;
Provided that if a tenant , who has sub-let major portion of the house or shop agrees to possess as a tenant the portion of the house or shop not sub-let on payment of rent fixed by the court , the court shall pass a decree for ejectment from only a portion of the house or shop sub-let and fix proportionately fair rent for the portion kept in possession of such tenant , which portion shall henceforth constitute house or shop under clause ( 3 ) or clause
( 5) of section 2 and the rent so fixed shall be deemed fair rent fixed under section 8:
Provided further that no order or decree for the recovery of possession shall be made in favour of the landlord if the tenant ,has sub-let the house or shop or portion thereof with the written consent of the owner .
d)Where the tenant has done any act contrary to the provisions of clause ( m ), clause (o)
Or clause( p) of section 108 of the transfer of property Act 1882
e)Where the tenant has been using the house or shop or any part or allowing the house or any part to be used for immoral or illegal purposes
ee)where the tenant fails to use or occupy the house or shop for a period of not less than seven consecutive months ;
f)Where the condition of the house or shop has materially deteriorated or negligence or default of the tenant or of any person residing with the tenant or for whose behaviour the tenant is responsible;
g)Where the tenant has been guilty of conduct which is a nuisance or annoyance to occupiers of adjoining or neighbouring houses or shops including the landlord
h)Where the house or shop is reasonably required by the landlord either for purpose of building or rebuilding or for his own occupation or for the occupation of any person for whose benefit the house or shop is held ;
Provided that all sub-tenants in the house or shop are made parties to the suit and allowed opportunity of contesting claim to decree for ejectment.
i)Subject to the provisions of section 12,where the amount of two months rent legally payable by the tenant and due from him is in arrears by not having been paid within the time fixed by contract, or in the absence of such contract by the fifteen day of the month next following that for which the rent is payable or by not having been validly deposited in accordance with section 14:
Provided that no such amount shall be deemed to be in arrears unless the landlord on the rent becoming due serves a notice in writing through post office under a registered cover on the tenant to pay or deposit the arrears within a period of thirty days from the date of the receipt of such notice and the tenant fails to pay or deposit the said arrears within the specified period;
j)Where the house or shop is required for the immediate purpose because of demolition ordered by any local authority or other competent authority

Rights and Duties of landlord and Tenant

The law imposes a number of duties on the landlord and provides the tenant a number of corresponding rights and vice-versa which are as under ;
1)Possession
2)Habitable condition
3)Non -interference with use

Possession : Tenant must have to receive the possession of the house or shop or any part or portion apparent to the said building or shop from the landlord, after received possession no one has right to evict the tenant except the real owner under certain circumstances .
Habitable condition : As applied to lease ,the old common law doctrine of caveat emptor said that once the tenant has signed the contract of tenancy he/she is fully responsible for that whatever the condition of the building or shop shall be. Since he/she has to inspect them before signing the tenancy contact, he or she can not complain after signed the contract of tenancy, even if any latent defect arise he or she has to fix it himself /herself.
Today this rule doesn’t applies after the doctrine of caveat vendor has been comes into existence
Non -interference with use; the law imposes a duty upon the landlord not to interfere the tenant with the permissable use of the premises , don’t do such activities which will irritate the tenant for the peaceable occupation of the premises .

Tenants Remedies

When the landlord breaches one of these duties the tenant has a choice of three basic remedies
1)Termination ; he has a full right to terminate the contract of tenancy
2)Damages ; he can claim for damages
3)Rent adjustment; he has a free right to claim rent adjustment against the landlord

Duties of Tenant

The main three duties of Tenant are as under
1)Duty to pay rent as stated in the tenancy contact
2)Duty to protect building from damage
3)Duty not to use the premises for an illegal purposes
In the absence of specific agreement the tenant is entitled to physically change the premises to make the premises best possible. But the tenant can not make the structural alteration or damage the property .
It is the duty of the tenant not to use the property for an illegal purpose, if he breaches the conditions of landlord he has to face consequences and must pay damages to the landlord and landlord has full right to evict him or her .
Conclusion : As a law student I have to say, the landlord has to deal with the tenant just like a family member of his family . He has to help him /her in any problems especially regarding premises (shop or building ) . The duty of the tenant is to maintain the building not to damage the building deliberately, don’t create any fishy inside the building or shop .
And don’t do anything which brings damage to the landlords reputation, tenant has to an endeavour to upheld the dignity of the landlord instead of try to an endeavour to scare the dignity of landlord. .

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