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:

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Terms Used In Indiana Code 32-31-7-7

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • rental premises: includes all of the following:

    Indiana Code 32-31-7-3

(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.