Landlord's cause of action to enforce tenant obligations
Sec. 7. (a) A landlord may bring an action in a court with
jurisdiction to enforce an obligation of a tenant under this chapter.
(b) Except as provided in subsection (c), a landlord may not bring
an action under this chapter unless the following conditions are met:
(1) The landlord gives the tenant notice of the tenant's
noncompliance with a provision of this chapter.
(2) The tenant has been given a reasonable amount of time to
remedy the noncompliance.
(c) If the noncompliance has caused physical damage that the
landlord has repaired, the landlord shall give notice specifying the
repairs that the landlord has made and documenting the landlord's
cost to remedy the condition described in the notice.
(d) A landlord is not required to comply with the notice
requirements of this section to bring an action under subsection (a)
if the tenant's occupancy of the rental premises has terminated.
(e) This section may not be construed to limit a landlord's or
tenant's rights under IC 32-31-3, IC 32-31-5, or IC 32-31-6.
(f) If the landlord is the prevailing party in an action under this
section, the landlord may obtain any of the following, if appropriate
under the circumstances:
(1) Recovery of the following:
(A) Actual damages.
(B) Attorney's fees and court costs.
(2) Injunctive relief.
(3) Any other remedy appropriate under the circumstances.
As added by P.L.92-2002, SEC.1.
Last modified: May 24, 2006