Statutory framework in Rajasthan

Tenancy of residential and commercial premises in urban Rajasthan (including Kota) is regulated by the Rajasthan Rent Control Act, 2001. Where premises do not fall within the Act (e.g., very high-rent or specific exempted properties), the general law under the Transfer of Property Act, 1882 (Sections 105–117) and the CPC applies. The Act prescribes grounds for eviction, fixation of standard rent and the constitution of the Rent Tribunal.

Grounds for eviction under the Rajasthan Act

Section 9 of the 2001 Act lists exclusive grounds: default in payment of rent for 2 months or more after written notice; sub-letting without consent; bona fide requirement of the landlord or family members; material change in user; substantial damage; nuisance/illegal use; reconstruction or major repair; and acquisition of alternative suitable accommodation by the tenant.

Where do you file

Eviction and rent disputes go to the Rent Tribunal constituted under Section 6 of the 2001 Act. Appeals lie before the Rent Appellate Tribunal under Section 21. Procedure is summary; tenant must deposit admitted rent under Section 13 of the Act to defend the proceedings. Possession suits outside the Act go to the Civil Judge having pecuniary jurisdiction.

Notices that matter

For tenancy under the TPA, a notice to quit under Section 106 must precede the eviction suit — 15 days for monthly tenancy of residential and 6 months for agricultural premises. Under the Rajasthan Rent Control Act, written demand of rent giving 2 months’ cure period is a precondition for default-based eviction. Sloppy notices are the leading cause of eviction suits being dismissed.

Lease deed essentials we recommend

A well-drafted lease should fix rent, escalation (typically 5–10% annual or 15% every 3 years), lock-in, security deposit (and refund timeline), permitted use, sub-letting restriction, alteration consent, maintenance allocation, termination rights, lock-in cure of breach, force majeure (post-COVID), governing law (Rajasthan) and Kota as the seat of arbitration / court jurisdiction. Stamp duty in Rajasthan on a lease is calculated under Article 33 of the Rajasthan Stamp Act schedule.