Indiana Landlord-Tenant Laws: A Plain-English Guide
Indiana landlord-tenant laws are short and uniform. State law preempts local landlord-tenant ordinances and rent control, so the rules in Gary match the rules in Evansville. There's no deposit cap or late-fee cap, you get 45 days to return a deposit, and nonpayment starts with a 10-day notice. The deadline to watch is the itemized list. Here is the year in order, and how Indiana compares on security deposit laws by state.
By LandlordTested editorial teamLast reviewed
Indiana at a glance
- Security deposit limit
- No statutory limit
- Deposit returned within
- 45 daysReturn with an itemized list of damages within 45 days after termination and delivery of possession; tenant must give a written forwarding address. Failure to send the itemized list = deemed agreement that no damages are due, plus tenant may recover the deposit and attorney fees.
- Late fees
- No statutory cap (must be reasonable and in the lease)
- Rent control
- No statewide rent controlNo statewide rent control; local units are barred from regulating rent and most landlord-tenant matters.
- Entry notice
- Reasonable written or oral notice (not defined in statute); entry at reasonable times
- Notice for unpaid rent
- 10-day notice to pay rent or quit
- Ending a month-to-month
- 30 daysOne month's written notice for month-to-month (Ind. Code § 32-31-1-1).
Source: Ind. Code § 32-31-3 (esp. §§ 32-31-3-12, -14); Ind. Code §§ 32-31-1-1, 32-31-1-6
Indiana topic guides
General information, not legal advice. Last legal review October 18, 2026. Laws change; check the statute or a local landlord-tenant attorney before acting.
Before the lease
Screening
Indiana’s rules for screening come mostly from federal law. Under the Fair Credit Reporting Act, get written consent before you pull credit or background reports, and send an adverse action notice when a report leads to a denial. The Fair Housing Act applies to every landlord, and individual review of criminal records, not a blanket ban, is still the safe approach even though HUD withdrew its 2016 guidance in 2025. Write your income and credit standards down and use them for everyone.
The deposit
No statutory limit. Before you collect it, put three things in the lease: the amount, what it can be applied to (unpaid rent and damage beyond normal wear and tear), and that the tenant must give you a written forwarding address at move-out. That last clause matters, because the forwarding address is part of how the 45-day process works.
Move-in records
Indiana doesn’t require a move-in checklist by statute, but you’ll need one to prove damage later. Walk the unit with the tenant, take dated photos, and both sign the list.
During the tenancy
Rent increases
No rent control, and cities can’t adopt it (Ind. Code §§ 36-1-3-8(a), 36-1-3-8.5). For a month-to-month tenant, give at least one month’s written notice before a new rent takes effect, the same as the termination notice.
Late fees
No statutory cap. The fee must be reasonable and in the lease. A flat $50 on $1,200 rent is easy to defend; a daily fee that doubles the rent is not.
Entry
“Reasonable” notice at reasonable times (Ind. Code § 32-31-5-6). The statute doesn’t define a period, so write one into your lease.
Repairs
You must deliver and keep a safe, clean, habitable unit. A tenant can sue over repairs only after giving you notice and a reasonable time to fix the problem (Ind. Code § 32-31-8). Respond to each request in writing with a date, so the record shows what “reasonable” meant in practice.
Ending the tenancy
Notices
- Nonpayment: 10-day notice to pay rent or quit.
- Other breaches: the notice your lease requires. Indiana sets no statutory cure period for most violations, so the lease wording matters; confirm the right notice with the court or an attorney.
- Month-to-month: one month’s written notice (Ind. Code § 32-31-1-1).
Move-out and the 45-day itemized list
This is the part of Indiana law with real teeth. Within 45 days after termination and delivery of possession, send the tenant an itemized list of damages and the balance of the deposit. If you don’t, the law treats it as your agreement that there were no damages, and the tenant can recover the deposit plus attorney fees.
A worked example: rent is $1,250 and the deposit is $1,250. The tenant leaves owing $300 in rent, with a broken door that cost $180 to replace. Your itemized list shows $480 in deductions, with the receipt for the door attached, and you refund $770. Send it by a method you can prove, well inside the 45 days.
Eviction overview
File an eviction (possession) complaint in small claims or the circuit or superior court for the county (Ind. Code §§ 32-31-1-1, 32-31-1-6). The summons is served and the first possession hearing is usually within a few weeks. If you win, the court issues judgment and an order for possession, with damages often heard at a later date. If the tenant doesn’t leave by the deadline, a writ of possession is carried out by the sheriff or bailiff. Uncontested cases take about 3-6 weeks, and filing runs roughly $100-$180 plus service, but confirm with your county clerk.
What’s different in Indiana
- A 45-day deposit deadline, longer than most states, with an itemized list required to keep anything.
- Statewide uniformity. State law preempts local landlord-tenant ordinances and rent control.
- Notice before repair suits. Tenants must give notice and a reasonable time to fix before suing (Ind. Code § 32-31-8).
- Undefined entry notice. Set your own period, such as 24 hours, in the lease.
- High-volume courts in Indianapolis. Marion County sees many eviction filings, and courts there encourage tenant-landlord mediation and rental assistance before judgment.
Questions landlords ask
The questions we get most, each answered in a paragraph.
How long does an Indiana landlord have to return a security deposit?
45 days after the tenancy ends and the tenant gives back possession, with an itemized list of damages (Ind. Code § 32-31-3, especially §§ 32-31-3-12 and -14). The tenant must give you a written forwarding address. If you don't send the itemized list in time, the law treats it as your agreement that no damages are due, and the tenant can recover the deposit plus attorney fees.
Is there a limit on security deposits in Indiana?
No. Indiana sets no maximum, so you can charge what the market will bear. Most small landlords stay at about one month's rent, because a large deposit narrows the applicant pool and raises the stakes if you miss the 45-day itemization. Whatever you collect, write the amount and the conditions for return into the lease.
How much notice does an Indiana landlord need to give before entering?
The statute requires reasonable notice, written or oral, and entry at reasonable times (Ind. Code § 32-31-5-6), but it doesn't define a period. Put a specific number in your lease, such as 24 hours for non-emergency entry, and follow it every time. That turns a vague standard into one both sides can point to.
How much notice does an Indiana landlord give for unpaid rent?
A 10-day notice to pay rent or quit. If the tenant hasn't paid when the 10 days run out, you can file an eviction complaint in small claims court or the circuit or superior court for the county. For other lease violations, follow the notice your lease requires, because Indiana sets no statutory cure period for most breaches.
Can Indiana cities pass their own landlord-tenant rules?
Mostly no. Ind. Code §§ 36-1-3-8(a) and 36-1-3-8.5 bar local governments from regulating rent and most landlord-tenant matters. That keeps the rules largely the same statewide. Cities can still enforce building and health codes, so a code inspector can still cite a rental property.