Indiana Landlord-Tenant Law
The rules for renting in Indiana — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Indiana
- Security deposit limit
- No statutory cap on security deposits. IC 32-31-3
- Deposit return deadline
- Within 45 days after termination of the rental agreement and delivery of possession, the landlord must return the deposit minus itemized deductions. The landlord is not liable until the tenant provides a written forwarding mailing address. IC 32-31-3-12, 32-31-3-14
- Notice for unpaid rent
- Not less than 10 days' notice to pay or vacate, unless the parties agreed otherwise or the tenant pays in full within the notice period. IC 32-31-1-6, 32-31-1-7
- Ending a month-to-month lease
- Tenancy at will / month-to-month: one month's written notice. Periodic tenancies of 3 months or less: notice equal to the rental period. Year-to-year: at least 3 months before the end of the year. IC 32-31-1-1, 32-31-1-3, 32-31-1-4
- Landlord entry notice
- Landlord must give reasonable written or oral notice and enter only at reasonable times, and may not abuse entry to harass. No notice needed in an emergency threatening safety of occupants or property; entry without consent allowed under court order or if the unit is abandoned/surrendered. Tenant may not unreasonably refuse entry to inspect, repair, supply services, or show the unit. IC 32-31-5-6(e)-(g)
- Rent control / increase limits
- Preempted: local units may not regulate rental rates for privately owned property, nor screening, security deposits, lease applications, lease terms, disclosures, parties' rights, or landlord fees, unless authorized by the General Assembly. Does not apply to property receiving government funds for reduced rents. IC 32-31-1-20
Last verified against official sources: 2026-10-22
Main law: Indiana Code Title 32, Article 31 (Landlord-Tenant Relations) — IC 32-31-1 through 32-31-12
Security Deposits in Indiana
| Security deposit limit | No statutory cap on security deposits. Chapter 3 regulates use and return of deposits but sets no maximum. Local units may not regulate security deposits (IC 32-31-1-20(c)). Source: IC 32-31-3 |
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| Deposit return deadline | Within 45 days after termination of the rental agreement and delivery of possession, the landlord must return the deposit minus itemized deductions. The landlord is not liable until the tenant provides a written forwarding mailing address. Source: IC 32-31-3-12, 32-31-3-14 |
| Itemized deductions | Within 45 days after termination of occupancy, landlord must mail an itemized list of damages with the estimated cost of repair for each item, plus a check or money order for the balance. Deposits may be used only for actual damage beyond ordinary wear and tear, unpaid rent (including rent due for early termination), the last rent period if agreed in writing, and unpaid utility/sewer charges owed by the tenant. Failure to provide the itemized notice is an agreement that no damages are due and the full deposit must be returned immediately (IC 32-31-3-15). Source: IC 32-31-3-13, 32-31-3-14 |
| Interest on deposits | No statute requires interest on security deposits. No interest provision appears in the security deposit chapter. Source: IC 32-31-3 |
| Penalty for withholding | Tenant may recover the full deposit due (or the part wrongfully withheld) plus reasonable attorney's fees and court costs. No multiple-damages penalty. Deposit cases may be filed on the small claims docket (IC 32-31-3-11). Source: IC 32-31-3-12(b), 32-31-3-16 |
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Eviction in Indiana
| Notice for unpaid rent | Not less than 10 days' notice to pay or vacate, unless the parties agreed otherwise or the tenant pays in full within the notice period. No notice is required if the lease expressly requires rent in advance and the tenant fails to pay it, among other exceptions (IC 32-31-1-8). The parties may agree to a different period. Source: IC 32-31-1-6, 32-31-1-7 |
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| Notice for lease violations | No statute — Indiana law sets no notice period for ending a tenancy over a lease violation other than unpaid rent; the lease terms govern. No notice is needed at all when a fixed-term lease ends on its stated date, a tenant at will commits waste, or the tenant is a tenant at sufferance (IC 32-31-1-8). Official code not freely readable online; text verified on a public code mirror (code year 2026, current as of January 1, 2026). Before suing to enforce the tenant obligations in IC 32-31-7-5, a landlord must give notice and a reasonable time to fix the problem (IC 32-31-7-7, https://iga.in.gov/ic/2026/Title_32/Article_31/Chapter_7.pdf); that rule governs damage and enforcement suits, not termination notice. |
| Lockouts & utility shutoffs | Except by court order, landlord may not change locks, remove doors/windows/fixtures/appliances, or interrupt or shut off electricity, gas, water or other essential services (emergencies, good-faith repairs and necessary construction excepted), and may not seize or withhold tenant property to enforce rent. Tenant may petition for an emergency possessory order; the court must hold a hearing within 3 business days and may order possession restored, plus damages at a later hearing. Emergency possessory order chapter: https://iga.in.gov/ic/2026/Title_32/Article_31/Chapter_6.pdf (sections amended by P.L.157-2025). |
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Notice to Vacate in Indiana
| Ending a month-to-month lease | Tenancy at will / month-to-month: one month's written notice. Periodic tenancies of 3 months or less: notice equal to the rental period. Year-to-year: at least 3 months before the end of the year. The statute frames these as notice to the tenant; it does not separately state a tenant notice period. Landlord must give at least 30 days' written notice before modifying a rental agreement unless a written agreement provides otherwise (IC 32-31-5-4). |
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Landlord Entry in Indiana
| Landlord entry notice | Landlord must give reasonable written or oral notice and enter only at reasonable times, and may not abuse entry to harass. No notice needed in an emergency threatening safety of occupants or property; entry without consent allowed under court order or if the unit is abandoned/surrendered. Tenant may not unreasonably refuse entry to inspect, repair, supply services, or show the unit. No specific number of hours is set. Source: IC 32-31-5-6(e)-(g) |
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Repairs & Habitability in Indiana
| Repair and deduct | Not authorized by statute. Tenant's remedy is a lawsuit after giving notice and a reasonable time to repair; tenant may recover actual and consequential damages, attorney's fees and costs, and injunctive relief. Landlord duties include delivering the unit safe, clean and habitable, complying with health/housing codes, and maintaining electrical, plumbing, sanitary, HVAC systems, elevators and supplied appliances. Source: IC 32-31-8-5, 32-31-8-6 |
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| Withholding rent | Not authorized by statute; the statutory remedy is a court action under IC 32-31-8-6. No statutory rent-withholding or escrow procedure was found in IC 32-31. Source: IC 32-31-8-6 |
| Retaliation protection | Landlord may not raise rent, decrease/interfere with services, or bring or threaten an eviction/possession action in response to a tenant complaining to a code-enforcement agency about health/safety violations, complaining in writing to the landlord about IC 32-31-5-6 or 32-31-8-5 violations, suing under IC 32-31-6 or 32-31-8, joining a tenant organization, or testifying against the landlord. No statutory presumption period. Exceptions include non-renewal at end of term, market-rate rent increases, and evictions for unpaid rent or health/safety lease violations. Chapter added by P.L.168-2020; waiver is void (P.L.215-2021). Local units may not regulate retaliatory acts (IC 32-31-8.5-6). |
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Rent Increases & Late Fees in Indiana
| Rent control / increase limits | Preempted: local units may not regulate rental rates for privately owned property, nor screening, security deposits, lease applications, lease terms, disclosures, parties' rights, or landlord fees, unless authorized by the General Assembly. Does not apply to property receiving government funds for reduced rents. Amended by P.L.266-2017, P.L.168-2020, P.L.215-2021. Source: IC 32-31-1-20 |
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| Late fees | No statutory cap or grace period. Local governments are barred from regulating fees charged by landlords unless authorized by the General Assembly (IC 32-31-1-20(c)). |
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Breaking a Lease in Indiana
| Ending a lease: domestic violence | A 'protected individual' (tenant who is a victim or alleged victim of domestic/family violence, a sex offense, or stalking and has a civil protection order or criminal no-contact order) may end the lease with written notice at least 30 days before the termination date. The notice must include a copy of the protection or no-contact order and, for domestic violence or sexual assault victims, a safety plan dated within 30 days from an accredited DV or sexual assault program that recommends relocation. The tenant owes rent prorated to the termination date but no early-termination rent or fees; terminating at least 14 days before the right to occupy begins carries no damages or penalties. Other adult tenants stay bound. Landlords must also change locks within 48 hours (24 hours if the restrained person is a co-tenant) on written request with the order. Applies to leases entered or renewed after June 30, 2007; waivers are void. Source: IC 32-31-9-7, -9, -10, -12, -13 |
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| Ending a lease: military, medical, death | No state statute was found giving early-termination rights for medical reasons, seniors moving to care, or (beyond federal SCRA) military service. On the death or incapacity of a sole occupant, the landlord must notify the tenant's representative, give access to remove property, and pay the representative the deposit and unearned rent due under IC 32-31-3-12; the statute does not itself terminate the lease. Other titles (e.g., military affairs, IC 10) were not searched for a state military lease-termination right. Source: IC 32-31-1-23 |
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Squatters & Abandoned Property in Indiana
| Squatters / unauthorized occupants | Expedited police removal (since July 1, 2025). A 'squatter' is someone occupying another's property who does not have, and has never had, a rental agreement, the owner's permission, or another property interest; former tenants and invitees are excluded. The owner signs an affidavit (stating false statements are subject to perjury penalties) and gives it to a law enforcement agency, which must dispatch officers to remove the squatter within 48 hours (later only for public-safety reasons, then as soon as practicable). Officers must remove the person unless they find credible evidence the person has or had a rental agreement/permission or is an invitee; they may also arrest on probable cause. Officers are immune from civil liability. A person removed because the affiant knowingly made a materially false statement may sue the affiant. The owner may still use a possession or emergency possession action instead. Law enforcement agencies may create a form affidavit (IC 32-31-12-3(c)). |
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| Belongings left behind | A landlord is not liable for loss of personal property the tenant abandoned (property is abandoned if a reasonable person would conclude the tenant vacated and surrendered it; a lease cannot define abandonment differently). After winning possession in court, the landlord may ask the court for an order allowing removal of the tenant's property. If the tenant does not remove it by the date in the order, the landlord may move it to a warehouseman or court-approved storage facility after personally serving the tenant at the last known address with notice of the order and the storage location. Exempt property (medically necessary items, tools of trade, a week's seasonal clothing, blankets, items for a child's care and schooling) must be released free on demand. The storer holds a lien for storage and related costs; if not claimed within 45 days after notice, the property may be sold. If a sole tenant dies or is incapacitated, the landlord must let the 'tenant's representative' remove belongings (IC 32-31-1-23). Source: IC 32-31-4-1 to -5 |
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Rental Fees in Indiana
| Application / screening fees | No state cap or refund rule on application or screening fees was found. Local governments are barred from regulating tenant screening, lease applications, or any fees charged by a landlord unless the General Assembly authorizes it. Searched IC 32-31 chapters 1-12; no fee statute found. Source: IC 32-31-1-20(c) |
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| Other rental fees | No statute — no state limit or disclosure rule for other rental fees (convenience, move-in, etc.) was found in IC 32-31, and local units are preempted from regulating 'any fees charged by a landlord'. |
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Section 8, Records & Right to Counsel in Indiana
| Section 8 / source of income | No. Indiana has no statewide source-of-income protection, and local units may not adopt or enforce an ordinance that requires (or has the effect of requiring) a landlord to participate in Section 8 or a similar housing program. Indiana's state civil rights law was not separately reviewed for an income category; none is known. Source: IC 36-1-3-8.5 |
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| Eviction record sealing | Yes. Automatic: if the eviction case is dismissed (including for failure to prosecute), judgment is for the tenant, or a judgment against the tenant is overturned on appeal, the court must on its own motion order the records not disclosed and sealed/redacted. By tenant motion: if judgment was against the tenant and the money judgment has been satisfied, or no money judgment was entered and at least 7 years have passed, the court shall order nondisclosure (possibly without a hearing). Older cases (outcomes before July 1, 2022 or July 1, 2025) can be sealed by verified petition with the tenant's name, date of birth, address, case number, grounds, and a sworn statement that no money judgment is outstanding. |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases was found. The Residential Eviction Actions chapter covers dismissal, failure to prosecute, and voluntary eviction diversion programs, not appointed counsel. Source: IC 32-31-10 (checked) |
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Mold, Pests, Heat & AC in Indiana
| Mold | No statute — Indiana has no mold-specific landlord-tenant law. Mold is handled under the landlord's duties to deliver the premises in a safe, clean, and habitable condition and to comply with applicable health and housing codes. A tenant may sue to enforce these duties after giving notice and a reasonable time to repair. Chapter 8 applies to rental agreements entered into after June 30, 2002, and cannot be waived (IC 32-31-8-4). Tenants must keep their areas reasonably clean and use plumbing and ventilation reasonably (IC 32-31-7-5). |
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| Pests & bed bugs | No statute — Indiana does not specifically assign pest or bed-bug treatment and has no bed-bug disclosure rule. Infestations fall under the landlord's safe, clean, and habitable delivery duty and health-code compliance, and the tenant's duties to keep the unit reasonably clean and comply with tenant obligations under health and housing codes. Local health codes may set extermination duties. |
| Heat | Yes, if a heating system is provided at the time the lease is signed: the landlord must maintain it in good and safe working condition, and it must be sufficient to adequately supply heat at all times. No specific minimum temperature or heating season is set by state statute. Plumbing must supply a reasonable amount of hot and cold running water at all times. A landlord may not shut off gas, electricity, water, or other essential services to force out a tenant except for emergencies, good-faith repairs, or necessary construction (IC 32-31-5-6(c)). Source: IC 32-31-8-5(4)(B), (D) |
| Air conditioning | No duty to install air conditioning, but if heating, ventilating, and air conditioning systems are provided when the lease is entered into, the landlord must provide and maintain them in good and safe working condition. No maximum indoor temperature is set. Tenants must use HVAC systems in a reasonable manner (IC 32-31-7-5(3)(D)). Source: IC 32-31-8-5(4)(D) |
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Privacy, Guests & Animals in Indiana
| Cameras & privacy | No landlord-specific statute. Peeping into an occupied dwelling of another person, or into an area where people are expected to disrobe (restrooms, baths, showers, dressing rooms), without consent is voyeurism — a Class B misdemeanor, raised to a Level 6 felony when committed by camera. Using a concealed camera to capture an intimate image counts as 'peeping.' A landlord must give reasonable notice before entry, enter only at reasonable times, and may not use entry to harass. IC 35-45-4-5 was last amended in 2024 (P.L.79-2024). Cameras inside a tenant's dwelling without consent risk violating it; exterior and common-area cameras are not specifically regulated. |
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| Guests & occupants | No guest statute — the lease governs guests and roommates. By statute, a landlord may refuse to rent based on a reasonable occupancy standard; a standard is presumed reasonable if it allows two people per bedroom, does not count infants under one year, and counts a den, library, finished basement, or loft that could reasonably be used for sleeping (unless codes prohibit). Kitchens, dining and living rooms, bathrooms, hallways, and closets need not be counted. Added in 2017 (P.L.266-2017). Tenants must comply with reasonable rules in existence when the lease is signed (IC 32-31-7-5(5)). Source: IC 32-31-8-7 |
| Service & support animals (state law) | Indiana has no statute specific to emotional support animals in rental housing (no state ESA documentation, fee, or misrepresentation rule identified). Indiana's fair housing law prohibits refusing reasonable accommodations in rules, policies, practices, or services needed to give a person with a disability equal opportunity to use a dwelling, which covers assistance-animal requests. A separate chapter defines a service animal as a dog or miniature horse individually trained to work or perform tasks and protects access to public accommodations. The service-animal definition was amended in 2023 and 2024. Federal Fair Housing Act rules govern documentation for ESAs. |
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How eviction works in Indiana
Eviction cases are heard in: Circuit, superior, or city/town court (commonly the small claims docket); in Marion County, township small claims courts.
- Serve notice: 10-day notice to pay or vacate for nonpayment, or the applicable termination notice for periodic tenancies
- File a complaint for possession (and damages) in a court with jurisdiction, often the small claims docket
- Optional: file an affidavit for immediate possession; the court issues an order to show cause with a hearing no earlier than 5 business days after service
- Possession hearing; judgment for possession
- Separate damages hearing may follow for unpaid rent and damages
- Order/writ of possession executed by sheriff or other executing officer
Under the immediate-possession procedure, the show-cause hearing may be held no earlier than 5 business days after service on the defendant (IC 32-30-3-2). Other timing is set by the court's summons/small claims rules.
Source: IC 32-31-1-6; IC 32-30-3-1 to 32-30-3-5; IC 33-29-2-4
What surprises people about Indiana rental law
- Indiana broadly preempts local landlord-tenant regulation: cities and counties cannot regulate rent, deposits, lease terms, fees, screening, or retaliation (IC 32-31-1-20; IC 32-31-8.5-6)
- If a landlord misses the 45-day itemized damage notice, the law treats it as agreement that no damages are due and the full deposit must be returned (IC 32-31-3-15)
- A landlord may accept, but not require, a lien on the tenant's motor vehicle as a security deposit (IC 32-31-3-13.5)
- Eviction records must be shielded from disclosure when the case is dismissed, the tenant wins, or the judgment is vacated on appeal (IC 32-31-11-3); eviction cases idle for 180 days can be dismissed (IC 32-31-10-4)
- Participation in eviction diversion programs must be voluntary for all parties (IC 32-31-10-5)
- Emergency possessory order grounds for landlords were expanded in 2025 to include tenant crimes affecting others' safety and materially false rental application information (IC 32-31-6-3, P.L.157-2025)
- A 2025 law created an expedited law-enforcement removal procedure for squatters (IC 32-31-12, P.L.191-2025)
- Victims of domestic violence and certain other crimes have lock-change and lease-termination rights (IC 32-31-9)
Federal law that also applies in Indiana
These federal rules apply on top of Indiana law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Indiana
These cities add their own tenant protections on top of state law:
Eviction by county in Indiana
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Marion County (Indianapolis)
- Eviction in Lake County (Gary, Hammond)
- Eviction in Allen County (Fort Wayne)
- Eviction in Tippecanoe County (Lafayette, West Lafayette)
- Eviction in St. Joseph County (South Bend, Mishawaka)
- Eviction in Hamilton County (Carmel, Fishers, Noblesville)
- Eviction in Vanderburgh County (Evansville)
- Eviction in Monroe County (Bloomington)
For landlords
How to evict a tenant in Indiana — steps, cost, timeline and forms.
Common Indiana questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Indiana compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Indiana | No statutory cap on security deposits. IC 32-31-3 | Within 45 days after termination of the rental agreement and delivery of possession, the landlord must return the deposit minus itemized deductions. The landlord is not liable until the tenant provides a written forwarding mailing address. IC 32-31-3-12, 32-31-3-14 | Not less than 10 days' notice to pay or vacate, unless the parties agreed otherwise or the tenant pays in full within the notice period. IC 32-31-1-6, 32-31-1-7 |
| Illinois | No statewide legal limit on the amount of a security deposit. Illinois AG fact sheet 'Landlord and Tenant Rights and Laws' (01/24) | If the landlord withholds anything for damage, an itemized statement with estimated or actual repair costs and paid receipts is due within 30 days after the tenant vacates (or possession ends, whichever is later); if no statement is given, the full deposit must be returned within 45 days after the tenant vacates. 765 ILCS 710/1 | Written demand giving not less than 5 days after service to pay; if unpaid, landlord may end the lease and file for eviction. To keep partial payments from invalidating the notice, it must state that only FULL PAYMENT waives the right to terminate. 735 ILCS 5/9-209 |
| Kentucky | No statutory cap (statewide or under URLTA). KRS 383.580 | Non-URLTA areas: no statute. URLTA areas: no fixed refund deadline; if the tenant leaves owing no rent with a refund due, the landlord must send notice of the refund amount to the tenant's last known address and may keep the deposit if the tenant does not respond within 60 days. If the tenant leaves without paying the last month's rent and does not demand the deposit, the landlord may apply it after 30 days. KRS 383.580(6)-(7) | URLTA areas: 7 days' written notice to pay or the lease terminates. Non-URLTA areas: no statutory pre-filing notice period for nonpayment was found; terms are governed by the lease. KRS 383.660(2) |
| Michigan | 1.5 months' rent MCL 554.602 | 30 days after the tenant's occupancy ends: landlord must mail an itemized notice of damages with the balance, or return the full deposit. If the landlord wants to keep any disputed amount it must sue within 45 days after termination of occupancy. MCL 554.609; MCL 554.610; MCL 554.613 | 7 days: written demand for possession (or written notice to quit) for nonpayment of rent before filing MCL 600.5714(1)(a); MCL 554.134(2); MCL 600.5716; MCL 600.5718 |
| Ohio | No statutory cap Ohio Rev. Code § 5321.16 | Within 30 days after the rental agreement ends and possession is delivered, the landlord must send the itemized written notice of deductions together with the amount due. Ohio Rev. Code § 5321.16(B) | 3-day written notice to leave the premises before filing an eviction (forcible entry and detainer) action. The residential notice must conspicuously state: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance." Ohio Rev. Code § 1923.04 |
Indiana landlord-tenant FAQ
How much can a landlord charge for a security deposit in Indiana?
No statutory cap on security deposits. (IC 32-31-3)
How long does a landlord have to return a security deposit in Indiana?
Within 45 days after termination of the rental agreement and delivery of possession, the landlord must return the deposit minus itemized deductions. The landlord is not liable until the tenant provides a written forwarding mailing address. (IC 32-31-3-12, 32-31-3-14)
Does a landlord have to pay interest on a security deposit in Indiana?
No statute requires interest on security deposits. (IC 32-31-3)
Does a landlord in Indiana have to give an itemized list of deposit deductions?
Within 45 days after termination of occupancy, landlord must mail an itemized list of damages with the estimated cost of repair for each item, plus a check or money order for the balance. Deposits may be used only for actual damage beyond ordinary wear and tear, unpaid rent (including rent due for early termination), the last rent period if agreed in writing, and unpaid utility/sewer charges owed by the tenant. (IC 32-31-3-13, 32-31-3-14)
What happens if a landlord in Indiana wrongfully keeps a security deposit?
Tenant may recover the full deposit due (or the part wrongfully withheld) plus reasonable attorney's fees and court costs. No multiple-damages penalty. (IC 32-31-3-12(b), 32-31-3-16)
How much notice does a landlord have to give before evicting for unpaid rent in Indiana?
Not less than 10 days' notice to pay or vacate, unless the parties agreed otherwise or the tenant pays in full within the notice period. (IC 32-31-1-6, 32-31-1-7)
How much notice is required to evict for a lease violation in Indiana?
No statute — Indiana law sets no notice period for ending a tenancy over a lease violation other than unpaid rent; the lease terms govern. No notice is needed at all when a fixed-term lease ends on its stated date, a tenant at will commits waste, or the tenant is a tenant at sufferance (IC 32-31-1-8). (IC 32-31-1-1 to 32-31-1-22 (chapter checked); IC 32-31-1-8; IC 32-31-7-7)
How much notice is needed to end a month-to-month lease in Indiana?
Tenancy at will / month-to-month: one month's written notice. Periodic tenancies of 3 months or less: notice equal to the rental period. Year-to-year: at least 3 months before the end of the year. (IC 32-31-1-1, 32-31-1-3, 32-31-1-4)
Can a landlord enter without notice in Indiana?
Landlord must give reasonable written or oral notice and enter only at reasonable times, and may not abuse entry to harass. No notice needed in an emergency threatening safety of occupants or property; entry without consent allowed under court order or if the unit is abandoned/surrendered. Tenant may not unreasonably refuse entry to inspect, repair, supply services, or show the unit. (IC 32-31-5-6(e)-(g))
Is there a limit on late fees in Indiana?
No statutory cap or grace period. (IC 32-31 (no late-fee provision); IC 32-31-1-20(c)(7))
Can a tenant repair and deduct from rent in Indiana?
Not authorized by statute. Tenant's remedy is a lawsuit after giving notice and a reasonable time to repair; tenant may recover actual and consequential damages, attorney's fees and costs, and injunctive relief. (IC 32-31-8-5, 32-31-8-6)
Can a tenant withhold rent for repairs in Indiana?
Not authorized by statute; the statutory remedy is a court action under IC 32-31-8-6. (IC 32-31-8-6)
Can a landlord retaliate against a tenant for complaining in Indiana?
Landlord may not raise rent, decrease/interfere with services, or bring or threaten an eviction/possession action in response to a tenant complaining to a code-enforcement agency about health/safety violations, complaining in writing to the landlord about IC 32-31-5-6 or 32-31-8-5 violations, suing under IC 32-31-6 or 32-31-8, joining a tenant organization, or testifying against the landlord. No statutory presumption period. Exceptions include non-renewal at end of term, market-rate rent increases, and evictions for unpaid rent or health/safety lease violations. (IC 32-31-8.5-2 through 32-31-8.5-6)
Is there rent control or a limit on rent increases in Indiana?
Preempted: local units may not regulate rental rates for privately owned property, nor screening, security deposits, lease applications, lease terms, disclosures, parties' rights, or landlord fees, unless authorized by the General Assembly. Does not apply to property receiving government funds for reduced rents. (IC 32-31-1-20)
Can a landlord change the locks or shut off utilities in Indiana?
Except by court order, landlord may not change locks, remove doors/windows/fixtures/appliances, or interrupt or shut off electricity, gas, water or other essential services (emergencies, good-faith repairs and necessary construction excepted), and may not seize or withhold tenant property to enforce rent. Tenant may petition for an emergency possessory order; the court must hold a hearing within 3 business days and may order possession restored, plus damages at a later hearing. (IC 32-31-5-5, 32-31-5-6; IC 32-31-6-3, 32-31-6-5, 32-31-6-6, 32-31-6-9)
What is the small claims court limit in Indiana for a deposit dispute?
$10,000; small claims dockets also hear landlord-tenant possession actions where rent due does not exceed $10,000. (IC 33-29-2-4; IC 33-34-3-2 (Marion County township small claims courts))
How do you remove a squatter in Indiana?
Expedited police removal (since July 1, 2025). A 'squatter' is someone occupying another's property who does not have, and has never had, a rental agreement, the owner's permission, or another property interest; former tenants and invitees are excluded. The owner signs an affidavit (stating false statements are subject to perjury penalties) and gives it to a law enforcement agency, which must dispatch officers to remove the squatter within 48 hours (later only for public-safety reasons, then as soon as practicable). Officers must remove the person unless they find credible evidence the person has or had a rental agreement/permission or is an invitee; they may also arrest on probable cause. Officers are immune from civil liability. A person removed because the affiant knowingly made a materially false statement may sue the affiant. The owner may still use a possession or emergency possession action instead. (IC 32-31-12-1 to -8 (P.L.191-2025))
What can a landlord do with a tenant's abandoned property in Indiana?
A landlord is not liable for loss of personal property the tenant abandoned (property is abandoned if a reasonable person would conclude the tenant vacated and surrendered it; a lease cannot define abandonment differently). After winning possession in court, the landlord may ask the court for an order allowing removal of the tenant's property. If the tenant does not remove it by the date in the order, the landlord may move it to a warehouseman or court-approved storage facility after personally serving the tenant at the last known address with notice of the order and the storage location. Exempt property (medically necessary items, tools of trade, a week's seasonal clothing, blankets, items for a child's care and schooling) must be released free on demand. The storer holds a lien for storage and related costs; if not claimed within 45 days after notice, the property may be sold. (IC 32-31-4-1 to -5)
Is there a limit on rental application fees in Indiana?
No state cap or refund rule on application or screening fees was found. Local governments are barred from regulating tenant screening, lease applications, or any fees charged by a landlord unless the General Assembly authorizes it. (IC 32-31-1-20(c))
What rental fees are banned or limited in Indiana?
No statute — no state limit or disclosure rule for other rental fees (convenience, move-in, etc.) was found in IC 32-31, and local units are preempted from regulating 'any fees charged by a landlord'. (IC 32-31-1-20(c)(7); IC 32-31 (checked))
Can a domestic violence survivor break a lease in Indiana?
A 'protected individual' (tenant who is a victim or alleged victim of domestic/family violence, a sex offense, or stalking and has a civil protection order or criminal no-contact order) may end the lease with written notice at least 30 days before the termination date. The notice must include a copy of the protection or no-contact order and, for domestic violence or sexual assault victims, a safety plan dated within 30 days from an accredited DV or sexual assault program that recommends relocation. The tenant owes rent prorated to the termination date but no early-termination rent or fees; terminating at least 14 days before the right to occupy begins carries no damages or penalties. Other adult tenants stay bound. Landlords must also change locks within 48 hours (24 hours if the restrained person is a co-tenant) on written request with the order. (IC 32-31-9-7, -9, -10, -12, -13)
When can a tenant break a lease without penalty in Indiana?
No state statute was found giving early-termination rights for medical reasons, seniors moving to care, or (beyond federal SCRA) military service. On the death or incapacity of a sole occupant, the landlord must notify the tenant's representative, give access to remove property, and pay the representative the deposit and unearned rent due under IC 32-31-3-12; the statute does not itself terminate the lease. (IC 32-31-1-23)
Can an eviction record be sealed or removed in Indiana?
Yes. Automatic: if the eviction case is dismissed (including for failure to prosecute), judgment is for the tenant, or a judgment against the tenant is overturned on appeal, the court must on its own motion order the records not disclosed and sealed/redacted. By tenant motion: if judgment was against the tenant and the money judgment has been satisfied, or no money judgment was entered and at least 7 years have passed, the court shall order nondisclosure (possibly without a hearing). Older cases (outcomes before July 1, 2022 or July 1, 2025) can be sealed by verified petition with the tenant's name, date of birth, address, case number, grounds, and a sworn statement that no money judgment is outstanding. (IC 32-31-11-3, -4 (P.L.164-2022; amended P.L.128-2025))
Can a landlord refuse Section 8 vouchers in Indiana?
No. Indiana has no statewide source-of-income protection, and local units may not adopt or enforce an ordinance that requires (or has the effect of requiring) a landlord to participate in Section 8 or a similar housing program. (IC 36-1-3-8.5)
Do tenants have a right to a free lawyer in eviction cases in Indiana?
No statewide right to counsel in eviction cases was found. The Residential Eviction Actions chapter covers dismissal, failure to prosecute, and voluntary eviction diversion programs, not appointed counsel. (IC 32-31-10 (checked))
What does a Indiana notice to pay rent or quit have to include?
At least 10 days' notice, unless the parties agreed otherwise or the tenant pays in full within the notice period. Statutory form that may be used: date; 'To (tenant): You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the property within ten (10) days: (description of property)'; landlord's name. Service: on the tenant; if the tenant cannot be found, on a person residing at the premises (the server must explain the notice's contents); if no one is found, by affixing a copy to a conspicuous part of the premises. No notice is required if the lease expressly requires rent in advance and the tenant fails to pay it. (IC 32-31-1-6, -7, -8(5), -9)
What does a Indiana notice to end a month-to-month tenancy have to include?
A month-to-month tenancy (any periodic tenancy of not more than 3 months) is ended by notice equal to the rental period (one month for month-to-month); a tenancy at will requires one month's written notice delivered to the tenant; year-to-year requires notice at least 3 months before the year ends (statutory form: 'You are notified to vacate at the expiration of the current year of tenancy the following property...'). No specific contents are prescribed for the month-to-month notice. Service is the same as for other notices: on the tenant, else on a resident of the premises with an explanation, else by affixing to a conspicuous part of the premises. (IC 32-31-1-1, -3, -4, -5, -9)
What must a Indiana security deposit itemization include?
Within 45 days after the lease ends and possession is delivered, the landlord must mail an itemized list of damages claimed (only for permitted uses: actual damage beyond ordinary wear and tear, rent arrears including rent for premature termination, the last rent payment if agreed in writing, and unpaid tenant utility/sewer charges), stating the estimated cost of repair for each damaged item and the amounts and lease on which the landlord intends to assess the tenant, with a check or money order for the balance. The landlord is not liable until the tenant provides a mailing address in writing. Failure to send the notice means the landlord agrees no damages are due and must return the full deposit immediately; the tenant may recover the amount withheld plus reasonable attorney's fees and costs. (IC 32-31-3-12, -13, -14, -15, -16)
How long does a landlord have to sue for unpaid rent in Indiana?
Indiana has several overlapping periods. 6 years for actions 'for use, rents, and profits of real property' and for contracts not in writing (IC 34-11-2-7). 6 years for written contracts for the payment of money executed after Aug. 31, 1982 (IC 34-11-2-9). 10 years for other written contracts (IC 34-11-2-11). An unpaid-rent claim generally falls in a 6-year category; a claim on other written lease terms (e.g., property damage under the lease) may fall under the 10-year rule. (IC 34-11-2-7, 34-11-2-9, 34-11-2-11)
Can a landlord accept rent during an eviction in Indiana?
No statute on whether accepting rent after a notice waives the eviction — left to case law. By statute, a landlord may end the lease for unpaid rent on at least 10 days' notice, unless the parties agreed otherwise or the tenant pays the rent IN FULL before the notice period expires. Partial payment does not by statute cure the default. (IC 32-31-1-6)
Can you be evicted in the winter in Indiana?
No statute bars winter evictions. Utility rule: from December 1 through March 15, an electric or gas utility (including municipal and co-op utilities) may not cut off residential service for customers who are eligible for and have applied for state heating assistance (IC 4-4-33, the Energy Assistance Program). There is a parallel ban on electric shutoffs for such customers on days with a forecast heat index of 95°F or higher. Utilities must offer delinquent residential customers a reasonable payment plan. (IC 8-1-2-121)
Can a landlord give notice by text or email in Indiana?
Termination and rent notices under IC 32-31-1-1 to -7 may be served on the tenant personally. If the tenant cannot be found, the notice may be served on a person living at the premises, and the server must explain the notice's contents to that person. If no such person is found, the notice may be posted on a conspicuous part of the premises. No statute provides for e-mail or text service. (IC 32-31-1-9)
How much notice is required for a rent increase in Indiana?
Unless a written rental agreement provides otherwise, a landlord must give the tenant at least 30 days' written notice before modifying the rental agreement, which includes raising the rent. Local governments may not regulate rental rates (IC 32-31-1-20). There is no longer notice period for large increases. (IC 32-31-5-4)
Does a landlord have to give a copy of the lease in Indiana?
No statute found requiring the landlord to hand over a signed copy of the lease. Required disclosures: at or before the start of the rental agreement, the landlord must give the tenant in writing the names and addresses of an Indiana resident authorized to manage the unit and an Indiana resident agent for legal papers, notices and demands (IC 32-31-3-18). If not disclosed, the tenant may recover reasonable expenses spent finding this information. The lease must also disclose if the structure is in a 100-year flood plain (IC 32-31-1-21), and, for leases since July 1, 2023, if the property is near a military installation in a state area of interest (IC 32-31-1-21.1). (IC 32-31-3-18; IC 32-31-1-21, 32-31-1-21.1)
Does a landlord have to fix mold in Indiana?
No statute — Indiana has no mold-specific landlord-tenant law. Mold is handled under the landlord's duties to deliver the premises in a safe, clean, and habitable condition and to comply with applicable health and housing codes. A tenant may sue to enforce these duties after giving notice and a reasonable time to repair. (IC 32-31-8-5(1), (2); IC 32-31-8-6)
Who pays for pest control and bed bugs in Indiana?
No statute — Indiana does not specifically assign pest or bed-bug treatment and has no bed-bug disclosure rule. Infestations fall under the landlord's safe, clean, and habitable delivery duty and health-code compliance, and the tenant's duties to keep the unit reasonably clean and comply with tenant obligations under health and housing codes. (IC 32-31-8-5(1), (2); IC 32-31-7-5(1), (2))
Does a landlord have to provide heat in Indiana?
Yes, if a heating system is provided at the time the lease is signed: the landlord must maintain it in good and safe working condition, and it must be sufficient to adequately supply heat at all times. No specific minimum temperature or heating season is set by state statute. Plumbing must supply a reasonable amount of hot and cold running water at all times. (IC 32-31-8-5(4)(B), (D))
Does a landlord have to provide air conditioning in Indiana?
No duty to install air conditioning, but if heating, ventilating, and air conditioning systems are provided when the lease is entered into, the landlord must provide and maintain them in good and safe working condition. No maximum indoor temperature is set. (IC 32-31-8-5(4)(D))
What can a landlord deduct from a deposit for cleaning or damage in Indiana?
Not defined in detail by statute. A deposit may be used only to reimburse actual damages to the unit or ancillary facilities that are not the result of ordinary wear and tear, unpaid rent (including rent due for early termination), the last rent payment if agreed in writing, and unpaid tenant utility or sewer charges the landlord paid. At move-out the tenant must deliver the unit in a clean and proper condition, excepting ordinary wear and tear. The itemized damage list (with estimated repair cost for each item) is due within 45 days. (IC 32-31-3-13; IC 32-31-3-14; IC 32-31-7-6)
Can a landlord put cameras in or around a rental in Indiana?
No landlord-specific statute. Peeping into an occupied dwelling of another person, or into an area where people are expected to disrobe (restrooms, baths, showers, dressing rooms), without consent is voyeurism — a Class B misdemeanor, raised to a Level 6 felony when committed by camera. Using a concealed camera to capture an intimate image counts as 'peeping.' A landlord must give reasonable notice before entry, enter only at reasonable times, and may not use entry to harass. (IC 35-45-4-5; IC 32-31-5-6(e)–(g))
Can a landlord limit guests or roommates in Indiana?
No guest statute — the lease governs guests and roommates. By statute, a landlord may refuse to rent based on a reasonable occupancy standard; a standard is presumed reasonable if it allows two people per bedroom, does not count infants under one year, and counts a den, library, finished basement, or loft that could reasonably be used for sleeping (unless codes prohibit). Kitchens, dining and living rooms, bathrooms, hallways, and closets need not be counted. (IC 32-31-8-7)
Can a landlord deny a service or emotional support animal in Indiana?
Indiana has no statute specific to emotional support animals in rental housing (no state ESA documentation, fee, or misrepresentation rule identified). Indiana's fair housing law prohibits refusing reasonable accommodations in rules, policies, practices, or services needed to give a person with a disability equal opportunity to use a dwelling, which covers assistance-animal requests. A separate chapter defines a service animal as a dog or miniature horse individually trained to work or perform tasks and protects access to public accommodations. (IC 22-9.5-5-5; IC 16-32-3-1.5, -2)
Official resources for Indiana
- Indiana Code Title 32 (Indiana General Assembly)
- Indiana Housing & Community Development Authority — Renter's Rights
- Indiana Judicial Branch — Self-Service Legal Center
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.