Brief Short Notes on Time-Limit Based Provisions: Rajasthan Rent Control Act, 2001

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 Brief Short Notes on Time-Limit Based Provisions (Rajasthan Rent Control Act, 2001)

1. Rent & Tenancy Duration

  • Rent Payment: By 15th of next month (Sec. 5).

  • Rent Increase:

    • Old tenancies (before 1950) → 5% per annum, merged every 10 years (Sec. 6).

    • New tenancies → 5% per annum, merged every 10 years (Sec. 7).

  • Fixed-term tenancy: Max 3 years (Sec. 8).

2. Eviction & Possession Recovery

  • Tenant Eviction:

    • 4 months of rent default → 30-day notice → eviction (Sec. 9).

    • Illegal subletting or misuse → Eviction.

  • Immediate Possession (Sec. 10):

    • Armed forces/government employees → Within 1 year of retirement.

    • Senior citizens → After 3 years of letting out the property.

3. Legal Proceedings & Dispute Resolution

  • Illegal Eviction: Tenant must file a complaint within 30 days (Sec. 11).

  • Eviction Petition Process (Sec. 15):

    • Notice to tenant: 30 days.

    • Tenant reply: 45 days.

    • Tribunal hearing: 180 days.

    • Total case disposal: 240 days.

  • Appeal against Tribunal Order: Within 60 days (Sec. 19).

  • Execution of Orders:

    • Tenant must vacate within 3 months of recovery certificate.

    • If delayed, tenant pays 2× rent (residential) or 3× rent (commercial) (Sec. 20).

    • Execution completed within 45 days of notice.

4. Landlord & Tenant Duties

  • Inspection of Premises: Once every 3 months with 7-day notice (Sec. 25).

  • Essential Repairs: If landlord fails to repair within 15 days, tenant can file a complaint (Sec. 24).

5. Miscellaneous Time Limits

  • Limited Execution Period: Eviction orders lapse if not executed within 6 months (Sec. 8).

  • Pending Cases (Before 2003 Act): Fresh petitions must be filed within 180 days.

  • Tenancy Agreement Registration:

    • New Tenancy → Before tenancy starts.

    • Old Tenancy → Within 1 year of 2017 Amendment (Sec. 22B).

  • Rent Tribunal Appeal Disposal: Within 180 days (Sec. 19).

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