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24-7-9-4. Civil damages recoverable by lessee

IN Code § 24-7-9-4 (2019) (N/A)
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Sec. 4. (a) If a lessor violates this article and a lessee who is a party to the agreement prevails in the proceeding, the lessee may:

(1) recover from the lessor committing the violation; or

(2) set off in a counterclaim in any action by the lessor committing the violation;

the amounts described in subsection (b).

(b) The lessee in an action described in subsection (a) may recover all of the following:

(1) Reasonable attorney's fees, as determined by the court.

(2) Court costs.

(3) The greater of:

(A) the actual damages incurred by the lessee as a result of the violation;

(B) three hundred dollars ($300); or

(C) twenty-five percent (25%) of the total rental payments necessary to acquire ownership of the property leased under the agreement.

As added by P.L.254-1987, SEC.1.

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