Indiana § 24-7-9-4 Civil damages recoverable by lessee

Indiana Statutes

§ 24-7-9-4 — Civil damages recoverable by lessee

Indiana·Art. 7 RENTAL PURCHASE AGREEMENTS·Ch. 9 Violations; Civil Damages

(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.

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(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.