Civil damages recoverable by lessee

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.