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