Deposit laws by state › Indiana
State law · Indiana
Indiana security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: Within 45 days after the lease ends and the tenant returns possession, the landlord must return the deposit, itemizing any deductions in a written notice. The landlord is not liable until the tenant gives a mailing address in writing.
How long does a landlord have to return a security deposit in Indiana?
- Return deadline
- Within 45 days after the lease ends and the tenant returns possession, the landlord must return the deposit, itemizing any deductions in a written notice. The landlord is not liable until the tenant gives a mailing address in writing.Ind. Code § 32-31-3-12
- Itemized list
- The itemized notice, with the estimated cost of repair for each damaged item, is due within the same 45 days.Ind. Code §§ 32-31-3-12, -13
- Forwarding address
- The landlord's obligations start only once the tenant gives a mailing address in writing. A late address postpones the deadline; it does not cancel it.Ind. Code § 32-31-3-12
Prefer a full page? Use the security deposit deadline calculator.
What happens if an Indiana landlord misses the deadline?
- If the landlord misses it
- A landlord who does not refund and itemize on time waives its damage claims, and the tenant may recover all of the deposit due plus reasonable attorney's fees.Ind. Code § 32-31-3-12(b)
- Penalty
- Indiana has no double or triple damages for deposits. A tenant who wins recovers the deposit due and reasonable attorney's fees.Ind. Code § 32-31-3-12(b)
What can an Indiana landlord deduct from your deposit?
What can be deducted: Actual damages to the unit that are not the result of ordinary wear and tear, plus unpaid rent and utilities. (Ind. Code § 32-31-3-13)
Normal wear and tear: Damage that is the result of ordinary wear and tear cannot be charged. (Ind. Code § 32-31-3-13(1))
What the itemized list must include: An itemized list of damages with the estimated cost of repair for each damaged item. (Ind. Code § 32-31-3-14)
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Taking a deposit case to small claims court in Indiana
Small-claims limit: Indiana small claims covers claims up to $10,000. (Indiana small-claims guidance)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
What to do if your Indiana landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite Indiana's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- Ind. Code § 32-31-3: caselaw.findlaw.com
- Indiana small-claims guidance: in.gov
- Ind. Code § 32-31-3: statecodesfiles.justia.com
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Indiana.