reglab/housing_qa huggingface dataset:
IN Code § 24-7-5-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 5. Additional Charges|24-7-5-4. Rental Payment Pickup Charges

Sec. 4. (a) A lessor may contract for and receive a charge for picking up rental or other payments from the lessee if the lessor is required or requested to visit the lessee to pick up a payment at a place other than the lessor's place of business.(b) A charge assessed under this section may not exceed ten dollars ($10).As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.7.
IN Code § 24-7-5-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 5. Additional Charges|24-7-5-5. Late Charges or Delinquency Fees

Sec. 5. (a) The parties to a rental purchase agreement may contract for late charges or delinquency fees as follows:(1) For agreements with monthly renewal dates, a late charge not exceeding eight dollars ($8) may be assessed on any rental payment not made within five (5) days after:(A) the renewal date for the agreement; or(B) the return of the property is required under the rental purchase agreement.(2) For agreements with weekly or biweekly renewal dates, a late charge not exceeding the amount specified in subsection (e) may be assessed on any rental payments not made within two (2) days after:(A) the renewal date for the agreement; or(B) the return of the property is required under the agreement.(b) A late charge on a rental purchase agreement may be assessed only once on any accrued regular rental payment, no matter how long it remains unpaid.(c) A late charge may be collected at any time after it accrues.(d) A late charge may not be assessed against a regular rental payment that is timely made, even though an earlier late charge has not been paid in full.(e) The amount that may be assessed under subsection (a)(2) is as follows:(1) Three dollars ($3) for any payment not greater than twenty dollars ($20).(2) Five dollars ($5) for any payment greater than twenty dollars ($20).As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.8; P.L.14-1992, SEC.63; P.L.213-2007, SEC.30; P.L.217-2007, SEC.29; P.L.69-2018, SEC.39; P.L.176-2019, SEC.34.
IN Code § 24-7-5-5.5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 5. Additional Charges|24-7-5-5.5. Returned Payment Fee

Sec. 5.5. A lessor may contract for and charge a returned payment fee not to exceed twenty-five dollars ($25) for each return by a bank or other depository institution of a dishonored check, electronic funds transfer, negotiable order of withdrawal, or share draft issued by the lessee.As added by P.L.213-2007, SEC.31; P.L.217-2007, SEC.30. Amended by P.L.69-2018, SEC.40.
IN Code § 24-7-5-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 5. Additional Charges|24-7-5-6. Reinstatement Fee

Sec. 6. A reinstatement fee imposed under IC 24-7-6-2 may not exceed five dollars ($5).As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.9.
IN Code § 24-7-5-7 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 5. Additional Charges|24-7-5-7. Sales and Use Taxes

Sec. 7. In addition to those charges allowable by this chapter, the lessor may require the lessee to pay any state sales and use taxes levied in connection with a rental purchase agreement.As added by P.L.254-1987, SEC.1.
IN Code § 24-7-5-8 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 5. Additional Charges|24-7-5-8. Official Fees

Sec. 8. In addition to those charges allowable by this chapter, a lessor may contract for and receive from the lessee an amount equal to all official fees required to be paid under a rental purchase agreement.As added by P.L.254-1987, SEC.1.
IN Code § 24-7-5-10 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 5. Additional Charges|24-7-5-10. Liability of Lessee for Replacement Cost of Leased Property; Fair Market Value

Sec. 10. (a) If a lessee is liable to a lessor for the replacement cost of property leased under a rental purchase agreement, the lessor may not charge the lessee more than the fair market value for the property.(b) For purposes of subsection (a), fair market value shall be determined by the lessor in the same manner, and using the same method, that would apply if the lessee were exercising an early purchase option under the rental purchase agreement.As added by P.L.138-1990, SEC.10. Amended by P.L.69-2018, SEC.41.
IN Code § 24-7-5-12 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 5. Additional Charges|24-7-5-12. Fee for Accepting Rental Payments by Telephone

Sec. 12. (a) A lessor may contract for and receive a fee for accepting rental payments by telephone in connection with a rental purchase agreement, if all of the following conditions are met:(1) The fee is assessed only upon request by the lessee for the underlying payment by telephone service.(2) The payment by telephone service is not established in advance, under the rental purchase agreement or otherwise, as the expected method for making rental payments under the rental purchase agreement.(3) The fee does not exceed three dollars ($3).(4) The lessee retains the right to make rental payments by payment methods in connection with which no additional fee would be assessed or incurred (including in-person payments and payments by mail) as a result of such alternative payment methods.(5) The fee is contracted for and disclosed by the lessor in the rental purchase agreement.(6) The lessor posts a sign at each store location disclosing to existing and prospective lessees:(A) the amount of the fee;(B) the lessee's right and option to make rental payments by alternative payment methods and not be assessed or incur an additional fee; and(C) the alternative payment methods offered by the lessor in connection with which no additional fee would be assessed or incurred.(7) The lessor's books and records provide an audit trail sufficient to allow the department and its examiners to confirm the lessee's compliance with the conditions listed in subdivisions (1) through (6).(b) A fee may not be charged under this section unless there is interaction between a live employee or representative of the lessor and the lessee.As added by P.L.222-2013, SEC.4. Amended by P.L.85-2020, SEC.18; P.L.159-2020, SEC.69.
IN Code § 24-7-6-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 6. Reinstatement; Garnishment; Unconscionable Agreements|24-7-6-1. Reinstatement of Original Agreement; Conditions

Sec. 1. A lessee who fails to make timely rental payments has the right to reinstate the original rental purchase agreement under the original terms of the agreement without losing any rights or options previously acquired under the rental purchase agreement and without additional charges or penalties, except charges or penalties authorized under section 2 of this chapter, if:(1) subsequent to having failed to make a timely rental payment, the lessee surrenders the property to the lessor not later than seven (7) days after the date the lessor requests the property be surrendered; and(2) not more than one hundred twenty (120) days elapse after the date the lessee surrenders the property.As added by P.L.254-1987, SEC.1. Amended by P.L.222-2013, SEC.5.
IN Code § 24-7-6-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 6. Reinstatement; Garnishment; Unconscionable Agreements|24-7-6-2. Charges Allowed as Condition Precedent to Reinstatement

Sec. 2. (a) As a condition precedent to reinstatement of the rental purchase agreement, a lessor may charge:(1) the outstanding balance of any accrued regular rental payments, returned payment fees, and delinquency charges;(2) a reinstatement fee not exceeding the amount allowed under IC 24-7-5-6; and(3) delivery charges not exceeding the amounts allowed under IC 24-7-5-3 if redelivery of the item is necessary.(b) A reinstatement fee may not be charged under subsection (a)(2) unless the property has been returned to the lessor and is in the lessor's possession.As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.11; P.L.69-2018, SEC.42; P.L.176-2019, SEC.35.
IN Code § 24-7-6-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 6. Reinstatement; Garnishment; Unconscionable Agreements|24-7-6-3. Same or Substituted Leased Item Upon Reinstatement; Revised Disclosures

Sec. 3. If reinstatement occurs under sections 1 through 2 of this chapter, the lessor shall provide the lessee with either the same item leased by the lessee before reinstatement or a substitute item of comparable quality and condition. If any information disclosed under IC 24-7-3-2 is inaccurate after the delivery of a substitute item, the lessor shall provide the lessee with a revised set of disclosures. If there is more than one (1) lessee in a rental purchase agreement, delivery of a copy of the revised set of disclosures to one (1) of the lessees is sufficient to comply with this section.As added by P.L.254-1987, SEC.1.
IN Code § 24-7-6-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 6. Reinstatement; Garnishment; Unconscionable Agreements|24-7-6-4. Prejudgment Garnishment Proceedings

Sec. 4. (a) IC 24-4.5-5-105 and IC 24-4.5-5-106 apply to garnishments related to a rental purchase agreement.(b) With respect to a debt arising from a rental purchase agreement, regardless of where made, the lessor may not attach unpaid earnings of the debtor by garnishment proceedings or other similar proceedings before the entry of a judgment in an action against the lessee arising from a rental purchase agreement.As added by P.L.254-1987, SEC.1.
IN Code § 24-7-6-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 6. Reinstatement; Garnishment; Unconscionable Agreements|24-7-6-5. Unconscionable Agreements

Sec. 5. (a) If the court as a matter of law finds the rental purchase agreement or any clause of a rental purchase agreement to have been unconscionable at the time it was made the court may:(1) refuse to enforce the rental purchase agreement;(2) enforce the remainder of the rental purchase agreement without the unconscionable clause; or(3) limit the application of any unconscionable clause to avoid an unconscionable result.(b) If it is claimed or appears to the court that a rental purchase agreement or any clause of the rental purchase agreement may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.(c) For the purposes of this section, a rental payment, charge, or practice expressly permitted by this article is not in itself unconscionable.As added by P.L.254-1987, SEC.1.
IN Code § 24-7-7-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 7. Enforcement; Adjustment in Maximum Fees|24-7-7-1. Enforcement by Department; Civil Penalty

Sec. 1. (a) The department shall enforce this article. To carry out this responsibility, the department may do the following:(1) Receive and act on complaints, take action designed to obtain voluntary compliance with this article, or commence proceedings on the department's own initiative.(2) Issue and enforce administrative orders under IC 4-21.5.(3) Counsel persons and groups on their rights and duties under this article.(4) Establish programs for the education of consumers with respect to rental purchase agreement practices and problems.(5) Make studies appropriate to effectuate the purposes and policies of this article and make the results available to the public.(6) Adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to carry out this article.(7) Maintain more than one (1) office within Indiana.(8) Bring a civil action to restrain a person from violating this article and for other appropriate relief, and exercise the same enforcement powers provided under IC 24-4.5-6-108.(b) If the department determines, after notice and an opportunity to be heard, that a person has violated this article, the department may, in addition to or instead of all other remedies available under this section, impose upon the person a civil penalty not greater than ten thousand dollars ($10,000) per violation.As added by P.L.254-1987, SEC.1. Amended by P.L.1-1990, SEC.245; P.L.138-1990, SEC.12; P.L.172-1997, SEC.12; P.L.35-2010, SEC.91; P.L.89-2011, SEC.24; P.L.69-2018, SEC.43.
IN Code § 24-7-7-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 7. Enforcement; Adjustment in Maximum Fees|24-7-7-3. Assurance of Discontinuance of Misconduct

Sec. 3. If it is claimed that a person has engaged in conduct subject to an order by the department or by a court under this chapter, the department may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of discontinuance fails to comply with its terms, the assurance is evidence that before the assurance the person engaged in the conduct described in the assurance.As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.14.
IN Code § 24-7-8-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 8. Registration of Lessors|24-7-8-1. Notification by Lessor

Sec. 1. A lessor shall file notification with the department:(1) within thirty (30) days after soliciting or entering into a rental purchase agreement subject to this article; and(2) before February 1 in each subsequent year that the lessor solicits or enters into a rental purchase agreement subject to this article.As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.15.
IN Code § 24-7-8-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 8. Registration of Lessors|24-7-8-2. Contents of Notification

Sec. 2. The notification required under section 1 of this chapter must include the following:(1) The name of the lessor.(2) The name in which business is transacted if different from subdivision (1).(3) The address of the principal office, which may be outside Indiana if it is in another state in the continental United States.(4) The address of all offices or stores, if any, in Indiana at which rental purchase agreements are made.(5) If rental purchase agreements are made in a place other than an office or retail store in Indiana, a brief description of the manner in which they are made.(6) The address of the designated agent upon whom service of process may be made in Indiana.(7) Other information required by the director of the department.As added by P.L.254-1987, SEC.1. Amended by P.L.35-2010, SEC.93; P.L.69-2018, SEC.45.
IN Code § 24-7-8-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 8. Registration of Lessors|24-7-8-3. Corrective Notification

Sec. 3. After a lessor has filed an initial or a subsequent notification under section 1 of this chapter, the lessor shall notify the department not later than thirty (30) days after:(1) the lessor has a change in name or address;(2) the lessor opens a new office or store, closes an existing office or store, or relocates an existing office or store;(3) the lessor files for bankruptcy or reorganization; or(4) the lessor is notified that the lessor is subject to revocation or suspension proceedings by a state or governmental authority with respect to the lessor's rental purchase activities.As added by P.L.254-1987, SEC.1. Amended by P.L.216-2013, SEC.15.
IN Code § 24-7-8-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 8. Registration of Lessors|24-7-8-4. Fees; Costs of Examination by Department; Late Fees

Sec. 4. (a) A lessor required to file a notification with the department under section 1 of this chapter shall pay to the department the following fees:(1) A fee fixed by the department under IC 28-11-3-5 with the initial notification filed with the department.(2) A fee fixed by the department under IC 28-11-3-5 for each place of business operated by the lessor on December 31 of the preceding year with each annual notification subsequently filed with the department.(b) In addition to the fee required under subsection (a)(2), if the department examines the books and records of the lessor, the lessor shall pay to the department all reasonably incurred costs of the examination in accordance with the fee schedule adopted by the department under IC 28-11-3-5.(c) The department may impose a fee fixed by the department under IC 28-11-3-5 for each day a lessor is late in:(1) submitting the information required under IC 24-7-8-2; or(2) paying a fee under subsection (a) or (b).As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.14; P.L.14-1992, SEC.64; P.L.45-1995, SEC.19; P.L.10-2006, SEC.23 and P.L.57-2006, SEC.23; P.L.35-2010, SEC.94; P.L.27-2012, SEC.31.
IN Code § 24-7-8-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 8. Registration of Lessors|24-7-8-5. Directors, Executive Officers, Indiana Store Managers; Criminal Background Checks

Sec. 5. Before appointing or hiring any director, executive officer, or Indiana store manager, a lessor must perform a criminal background check on the candidate and retain, until the department's next examination of the lessor is completed, records of the background check in the lessor's files.As added by P.L.216-2013, SEC.16.
IN Code § 24-7-8-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 8. Registration of Lessors|24-7-8-6. Conducting Other Business at Rental Purchase Location; Conditions; Lessor Not Relieved From Applicable Laws

Sec. 6. (a) Subject to subsection (b), a lessor required to file notification and pay fees under this chapter may conduct other business, including offering for sale to members of the general public:(1) property and services that were or may be the subject of a rental purchase agreement under this article; and(2) property or services that are unrelated or only partially or indirectly related to the lessor's rental purchase agreement business;at the location where the lessor enters into rental purchase agreements with lessees unless the lessor carries on other business for the purpose of evasion or circumvention of this article.(b) A lessor may offer for sale to a lessee or prospective lessees the property or services described in subsection (a) at the location where the lessor enters into rental purchase agreements as provided under subsection (a) only if all the following conditions are met:(1) The lessor:(A) does not require that the lessee or prospective lessee purchase the property or services as a condition to entering into a rental purchase agreement;(B) does not require that any purchaser or prospective purchaser of the property or services enter into a rental purchase agreement as a condition to purchasing the property or services; and(C) clearly discloses in writing to the lessee or prospective lessee before the purchase is completed that:(i) the purchase of the property or services is not a condition to entering into a rental purchase agreement; and(ii) entering into a rental purchase agreement is not a condition to purchasing the property or services.(2) The lessor does not charge the lessee or prospective lessee more for the property or services than the lessor charges members of the general public for the property or services.(3) The transaction for the purchase of the property or services is conducted separately from any rental purchase agreement, and the cost for purchasing the property or services is not made a part of any rental purchase agreement.(c) If a lessor offers for sale the property or services described in subsection (a) to lessees or prospective lessees in compliance with the conditions set forth in subsection (b), the business is not considered as being conducted for the purpose of evasion or circumvention of this article.(d) This section does not relieve a lessor from:(1) obtaining licenses, permits, authorizations, or consents required by law;(2) filing or providing notifications as required by law; or(3) otherwise complying with any other statute, rule, regulation, or ordinance of:(A) this state;(B) the United States; or(C) any governmental unit of this state or the United States;applicable to a lessor or the lessor's business activities permitted by this section.As added by P.L.137-2014, SEC.21.
IN Code § 24-7-9-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 9. Violations; Civil Damages|24-7-9-1. False or Inaccurate Information in Agreements or Disclosures; Offense

Sec. 1. A lessor who knowingly gives false or inaccurate information in a rental purchase agreement or a written disclosure required under this article commits a Class C misdemeanor.As added by P.L.254-1987, SEC.1.
IN Code § 24-7-9-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 9. Violations; Civil Damages|24-7-9-2. Failure to Provide Required Information; Offense

Sec. 2. A lessor who knowingly fails to provide information that the lessor is required to disclose to a lessee or provide to the department under this article commits a Class C misdemeanor.As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.16.
IN Code § 24-7-9-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 9. Violations; Civil Damages|24-7-9-3. Unauthorized or Excessive Charges; Offense

Sec. 3. A lessor who knowingly makes a charge under a rental purchase agreement that:(1) is not authorized under this article; or(2) exceeds the amount authorized under this article;commits a Class C misdemeanor.As added by P.L.254-1987, SEC.1.
IN Code § 24-7-9-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 9. Violations; Civil Damages|24-7-9-4. 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.
IN Code § 24-7-9-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 9. Violations; Civil Damages|24-7-9-5. Defenses; Clerical Error and Correction

Sec. 5. It is a defense in a criminal proceeding under sections 1 through 3 of this chapter or a civil proceeding under section 4 of this chapter that the lessor or an assignee of a lessor:(1) failed to comply with this article as a result of a bona fide clerical error; and(2) corrected the error after the date of execution of the rental purchase agreement.As added by P.L.254-1987, SEC.1.
IN Code § 24-7-9-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 7. Rental Purchase Agreements|Chapter 9. Violations; Civil Damages|24-7-9-6. Defense; Compliance With Rules

Sec. 6. It is a defense in a criminal proceeding under sections 1 through 3 of this chapter or a civil proceeding under section 4 of this chapter that the lessor complied with a rule adopted by the department.As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.17.