IN
Indiana Landlord-Tenant Laws
Security Deposit Amount Limits
IC § 32-31-3-9; IC § 32-31-3-12
💰 Limits
- Maximum: No statutory limit — Indiana law does not cap the amount a landlord can charge
- Interest Required: No — landlord is not required to pay interest on the deposit
- Separate Account: No — no requirement to hold deposit in a separate or interest-bearing account
✅ Key Requirements
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- No statutory maximum on security deposit amount
- No requirement to hold deposit in a separate or interest-bearing account
- No requirement to pay interest on deposit
- Deposit includes any prepaid rent beyond the first period and any returnable money or property
- Landlord may accept but may not require a lien on a motor vehicle as deposit (IC § 32-31-3-13.5)
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Security Deposit Return Timeline
IC § 32-31-3-12
⏰ Timeline
- 45 days after termination of rental agreement and delivery of possession
✅ Key Requirements
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- 45 days to return deposit or provide itemized deductions
- Must deliver written itemized notice of any deductions
- Landlord is not liable until tenant provides a forwarding mailing address in writing
- Tenant is not entitled to apply deposit to rent unless otherwise agreed
- If landlord fails to comply, tenant may recover full deposit plus attorney's fees (IC § 32-31-3-12(b))
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Permitted Uses of Security Deposit
IC § 32-31-3-13
✅ Key Requirements
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- Security deposit may only be used for specific permitted purposes under IC § 32-31-3-13
- Permitted deductions: actual damages to the rental unit or ancillary facility (not ordinary wear and tear)
- Permitted deductions: all rent in arrearage under the rental agreement
- Permitted deductions: rent due for premature termination of the lease by the tenant
- Permitted deductions: last payment period if a written agreement stipulates the deposit serves as last payment
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Damage Itemization Requirements
IC § 32-31-3-14; IC § 32-31-3-15; IC § 32-31-3-16
✅ Key Requirements
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- Itemized damage list must be mailed to tenant within 45 days of termination of occupancy
- List must include estimated cost of repair for each damaged item
- List must include the amounts and lease terms on which landlord intends to assess tenant
- If landlord fails to provide the itemized list, entire deposit must be returned (IC § 32-31-3-15)
- Failure to comply: landlord liable for withheld deposit amount plus attorney's fees and court costs (IC § 32-31-3-16)
Tenant Remedies for Deposit Violations
IC § 32-31-3-12(b); IC § 32-31-3-16
✅ Key Requirements
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- Tenant can recover full deposit plus attorney's fees if landlord fails to comply
- No itemized list = landlord must return entire deposit
- Cases can be filed on small claims docket
- Waiver of this chapter by landlord or tenant is void (IC § 32-31-3-17)
- Owner at time of termination is responsible regardless of ownership changes
Security Deposit Transfer on Property Sale
IC § 32-31-3-19
✅ Key Requirements
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- Seller must give tenant written notice of the property sale
- Seller remains liable for deposit for 1 year after notice unless both conditions are met
- Purchaser must acknowledge assumption of deposit liability by notifying tenant
- Seller must transfer the actual deposit funds to the purchaser
- Both conditions must be met to relieve the seller of liability
Eviction for Non-Payment of Rent
IC § 32-31-1-6
✅ Key Requirements
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- Written 10-day notice to pay or quit required before filing
- No statutory grace period — late the day after due date
- Tenant can cure by paying all rent owed within 10-day notice period
- Accepting partial payment during process may jeopardize the case
- Landlord cannot use self-help eviction — must go through court
Eviction for Lease Violations
IC § 32-31-7-7
✅ Key Requirements
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- Written notice to cure or quit required for lease violations
- Must describe the violation and what is required to remedy it
- Must give tenant 'reasonable time' to fix the problem
- Statute does not define 'reasonable' — courts generally expect 14–30 days for most violations
- If tenant does not cure within the notice period, landlord may file eviction
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Eviction for Illegal Activity / No Cure Situations
IC § 32-30-8-5; IC § 32-31-1-8
✅ Key Requirements
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- 45-day unconditional quit notice for illegal activity/public nuisance
- Notice must specify date, time, and location of nuisance
- Must be hand delivered or sent by certified mail
- No notice required for holdover, waste, prepaid rent failure, or no tenancy
- Landlord must still file eviction in court — no self-help
Terminating Periodic Tenancies
IC § 32-31-1-1; IC § 32-31-1-3
✅ Key Requirements
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- Month-to-month: 30 days written notice by either party
- Year-to-year: 3 months written notice by either party
- Fixed-term lease: no notice required — terminates on end date
- Either landlord or tenant may give notice to terminate periodic tenancies
- If tenant does not vacate after notice, landlord may file for eviction
Illegal Eviction (Self-Help Prohibited)
IC § 32-31-5-6
✅ Key Requirements
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- All evictions must go through the court system
- Landlord cannot use self-help to remove a tenant
- Only a sheriff or court officer can enforce an eviction order
- Illegal lockouts, utility shutoffs, and property removal are prohibited
- Landlord may enter only at reasonable times with reasonable notice (IC § 32-31-5-6(g))
Landlord Maintenance Obligations
IC § 32-31-8-5
✅ Key Requirements
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- Applies to rental agreements entered into after June 30, 2002
- Landlord must maintain all listed systems if provided at time of rental agreement
- Warranty of habitability cannot be waived by lease terms
- Common areas must be kept clean and in proper condition
- Applies to the rental unit and the structure it is part of (IC § 32-31-8-3)
Tenant Remedies for Landlord Noncompliance
IC § 32-31-8-6
✅ Key Requirements
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- Tenant must give landlord written notice of the habitability issue
- Must give landlord reasonable time to make repairs
- If landlord refuses or fails to act, tenant may file a court action
- Prevailing tenant can recover actual damages, consequential damages, attorney's fees, and court costs
- Landlord liability begins when landlord has notice AND refuses or fails to fix within reasonable time
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Tenant Obligations
IC § 32-31-7-5; IC § 32-31-7-6
✅ Key Requirements
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- Tenant must comply with all applicable health and housing codes
- Tenant must keep occupied areas reasonably clean
- Tenant must use electrical, plumbing, sanitary, HVAC systems, elevators, and appliances in a reasonable manner
- Tenant must not deface, damage, destroy, impair, or remove any part of the rental premises
- Tenant must comply with all reasonable lease rules and regulations in effect at signing
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Retaliation Protections
IC § 32-31-8.5
✅ Key Requirements
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- Landlord cannot retaliate against tenant for exercising legal rights
- Landlord cannot retaliate for good faith complaints to government authorities
- Retaliatory rent increases, service reductions, and eviction threats are prohibited
- Tenant should document complaints and landlord responses as evidence
Early Lease Termination for Domestic Violence Victims
IC § 32-31-9-12
✅ Key Requirements
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- 30 days written notice with court order and safety plan (if DV/sexual assault)
- Tenant liable only for prorated rent — no early termination penalties
- Lock change within 48 hours (non-tenant perpetrator) or 24 hours (tenant perpetrator)
- Tenant pays for lock change
- Landlord cannot retaliate against victim
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Late Fees and Rent Rules
IC § 32-31-1-6; IC § 24-4.5-7-202
✅ Key Requirements
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- No statutory cap on late fees — must be in the lease
- No mandatory grace period for rent
- Bounced check fee: $25 (IC § 24-4.5-7-202)
- No mid-lease rent increases unless lease permits or both parties agree in writing
- 30 days notice for rent changes on month-to-month tenancies
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Lease Requirements and Required Disclosures
IC § 32-31-3-18; IC § 32-31-5-7; IC § 32-31-2-1; IC § 32-31-1-21
✅ Key Requirements
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- Manager and agent identification required in writing before lease starts
- Smoke detector acknowledgment required in writing
- Flood zone must be disclosed in rental agreement if applicable
- Water/sewage service fees must be itemized
- Tenant Rights and Responsibilities notice required — signed by tenant
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Landlord Right of Entry
IC § 32-31-5-6(g)
✅ Key Requirements
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- Reasonable written or oral notice required before entry
- Entry only at reasonable times
- 24 hours is the customary standard for reasonable notice
- May enter without notice if unit appears abandoned
- Cannot enter to harass or intimidate tenant
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Tenant's Abandoned Property After Eviction
IC § 32-31-4-1 through 32-31-4-5
✅ Key Requirements
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- Court order required before removing tenant's property
- Cannot take, remove, deny access to, or dispose of tenant's property to enforce lease obligations
- Tenant gets 90 days to claim stored property
- Tenant must pay storage costs to reclaim property
- Landlord cannot use property seizure as leverage for unpaid rent