Tenant Rights in Indiana

Security Deposits

• Maximum amountNo statutory limit. Landlords may charge any amount.
• Return deadline45 days after the tenancy ends.

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, and other amounts owed under the lease. Must provide an itemized statement of deductions.

Eviction Process

• Notice requirements10-day notice for nonpayment of rent. Immediate filing may be permitted for certain lease violations.
• Judicial eviction requiredYes
• Estimated timeline2 to 5 weeks for uncontested cases.

Rent Control

Indiana does not have rent control laws. State law does not explicitly preempt local rent control, but no local jurisdiction has enacted it.

Repair and Habitability

• Repair and deductNot allowed
• Rent withholdingNot allowed
• Retaliation protectionYes

Lease Termination

• Month-to-month notice30 days' written notice by either party.

Tenant may be liable for remaining rent. Landlord has a duty to mitigate damages. Military members may terminate under the SCRA.

Key Statutes

• Indiana Landlord-Tenant Statute: Ind. Code §§ 32-31-1-1 to 32-31-9-15
• Security Deposits: Ind. Code § 32-31-3-1 to 32-31-3-19
• Landlord Obligations: Ind. Code § 32-31-8-5
• Retaliation: Ind. Code § 32-31-9-8

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Indiana

Frequently Asked Questions

• Is there a security deposit limit in Indiana?

  No. Indiana has no statutory cap on security deposits. Landlords may charge any amount. The deposit must be returned within 45 days after the tenancy ends.

• Can a tenant withhold rent in Indiana?

  Indiana does not provide a statutory right for tenants to withhold rent or use the repair-and-deduct remedy. Tenants with habitability complaints should contact local code enforcement or pursue legal remedies in court.

• How much notice is required to evict for nonpayment in Indiana?

  A landlord must provide a 10-day notice for nonpayment of rent. If the tenant does not pay within the 10-day period, the landlord can then file an eviction action in court.

• Does Indiana protect tenants from retaliation?

  Yes. Indiana law prohibits landlords from retaliating against tenants who complain about housing conditions or exercise their legal rights under the landlord-tenant statute.

Sources

• Indiana Code Title 32 Article 31 - Landlord-Tenant Relations