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

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

      the amounts described in subsection (b).

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

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

   3. (3) The greater of:

      1. (A) the actual damages incurred by the lessee as a result of the violation;
      2. (B) three hundred dollars ($300); or
      3. (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.