Indiana Landlord-Tenant Law for DIY Landlords (2026)
Security deposits, the 45-day return rule, late fees, notice periods, the 10-day rent demand and the eviction timeline in Indiana, in plain English for landlords who manage their own rentals.
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Indiana gives landlords a lot of room. There is no deposit cap, no late-fee cap, no rent control anywhere in the state, and no fixed number of hours you have to wait before entering a unit.
The rules that do exist are sharp. The 45-day deposit deadline is the one that costs small landlords real money, and the damage notice inside it is a separate duty with its own penalty.
Here is what a self-managing Indiana landlord has to get right, with the code section behind each rule.
Security deposits
There is no cap. Indiana sets no statutory limit on the size of a residential security deposit. Chapter 32-31-3 governs what a deposit may pay for and when it goes back, not how much you can collect.
You have 45 days to return it. Once the rental agreement ends and you have possession back, you have 45 days to mail the deposit, minus lawful deductions, with a written notice itemising every deduction (Ind. Code § 32-31-3-12). The tenant has to give you a mailing address for that duty to bite.
The damage list is its own requirement. Inside the same 45 days you mail an itemised list of the damages claimed, the estimated cost of repair for each damaged item, the amounts charged, and the lease terms the charges rest on, along with a check or money order for the balance (§ 32-31-3-14).
A deposit can pay for four things. Actual damage to the unit beyond ordinary wear and tear, unpaid rent or rent lost on an early termination, unpaid utility or sewer charges the tenant owed, and the last month's rent where both sides agreed to that in writing (§ 32-31-3-13). The list is closed. Charges that fall outside it belong in a separate claim, not a deduction.
Miss the notice and you lose the whole deposit. Failing to give the damage notice counts as your agreement that no damages are owed, and the full deposit goes back to the tenant right away (§ 32-31-3-15). On top of that you owe the part you withheld plus the tenant's attorney fees and court costs (§ 32-31-3-16, § 32-31-3-12(b)).
No escrow account is required. Indiana does not make an owner hold deposits in a separate trust account, and it sets no interest requirement. A dedicated account is still the cleanest way to prove what you held and when you sent it back.
If you sell, the deposit follows you for a year. You stay liable to the tenant for one year after a sale until the buyer notifies the tenant in writing that they have taken on the liability and the deposit actually transfers at closing (§ 32-31-3-19).
Late fees and grace periods
Indiana's landlord-tenant statutes set no late-fee cap and no grace period. Whatever you charge has to be written into the lease.
Watch the interaction with the deposit rules. Late fees are not on the § 32-31-3-13 list of what a deposit may cover, so a fee you want to deduct needs to be defined as rent in your lease.
Rent increases and rent control
There is no state limit on how much you raise rent, and there is no local rent control in Indiana. Cities, towns and counties cannot regulate rental rates on privately owned property (§ 32-31-1-20).
That section goes further than rent. Local units cannot regulate tenant screening, security deposits, lease applications, lease terms, disclosures, tenant and landlord rights, or the fees a landlord charges. An ordinance that tries is void and unenforceable. Properties carrying government funding aimed at reducing rents for lower-income tenants sit outside the ban.
So the ceiling on an increase is your lease. Raise at renewal, or on a month-to-month with the notice below.
Entering the unit
You have to give the tenant reasonable written or oral notice before you enter, and enter only at reasonable times (§ 32-31-5-6). Indiana never says how many hours "reasonable" means. Write 24 hours into your lease and stick to it.
Entry without notice is allowed in an emergency that threatens safety, under a court order, or where the unit has been abandoned.
The same section bans the self-help moves. No changing locks, no removing doors, windows, fixtures or appliances, and no cutting electricity, gas, water or heat to push a tenant out.
Ending a month-to-month tenancy
One month's written notice, from either side (§ 32-31-1-1). For any tenancy of three months or less that rolls from period to period, the notice equals the interval, so a week-to-week needs a week (§ 32-31-1-4).
A fixed-term lease that ends on its own stated date needs no notice to quit at all (§ 32-31-1-8).
When rent isn't paid
Give 10 days' written notice before you terminate for non-payment, and your lease can set a different arrangement (§ 32-31-1-6). If the tenant pays everything owed inside those 10 days, the termination is off.
Serve the notice on the tenant. If the tenant is not there, serve a person residing at the premises and explain what the notice says. If nobody is there, post a copy on a conspicuous part of the property (§ 32-31-1-9).
One exception. Where the lease expressly requires rent in advance and the tenant neglects to pay, no notice to quit is required (§ 32-31-1-8).
The eviction timeline
- Notice. Ten days for non-payment, or whatever your lease sets (§ 32-31-1-6).
- File. You bring a possession action against the tenant in the county where the property sits (§ 32-30-2-1). Many landlords file in the small claims division.
- Order to show cause. The court issues an order telling the tenant to appear and show why possession should not go to you. The hearing happens no earlier than five business days after the tenant is served (§ 32-30-3-2).
- Possession hearing. The court weighs the pleadings and testimony and decides who holds possession pending final judgment. Nobody appearing for the tenant means the court can order possession to you (§ 32-30-3-5).
- Tenant's bond. A tenant can file a surety undertaking approved by the court to hold or regain possession during the case (§ 32-30-3-8).
- Damages hearing. Unpaid rent, damage and fees are decided at a second hearing after possession is settled.
- Removal. The executing officer takes custody and removes the occupants no earlier than 48 hours after the order of possession is served (§ 32-30-3-10).
Indiana has no general statute protecting tenants from landlord retaliation. That is not a licence to retaliate. Judges notice, and a tenant's habitability claim under § 32-31-8-6 carries attorney fees.
Repairs and habitability
You have to deliver the property in a safe, clean and habitable condition, comply with health and housing codes, keep common areas clean and in proper condition, and keep the electrical, plumbing, sanitary, heating, ventilating and air conditioning systems, any elevator, and any appliance you supplied in working order (§ 32-31-8-5). Neither side can waive these duties by agreement (§ 32-31-8-4).
If you fail, the tenant gives you notice, gives you a reasonable time and access to fix it, and then can sue for actual and consequential damages, attorney fees, court costs and an injunction (§ 32-31-8-6).
The disclosure most landlords skip
At or before the start of the tenancy, give the tenant in writing the name and address of a person living in Indiana who manages the unit, and a person living in Indiana who can accept service of process and notices for the owner. One person can be both (§ 32-31-3-18).
Skip it and you become the agent for service of process for every landlord of that unit, and you owe the tenant whatever it reasonably cost them to dig up the names you should have handed over.
The short version
- No deposit cap, no escrow requirement, no interest requirement
- 45 days to return the deposit with an itemised damage notice
- No damage notice means the full deposit goes back, plus attorney fees
- No late-fee cap and no grace period, so the lease decides
- No rent control, and local units cannot pass any
- Reasonable notice before entry, with no hour count in the statute
- One month's notice to end a month-to-month
- 10 days' written notice before terminating for unpaid rent
- Show-cause hearing no sooner than 5 business days after service, removal no sooner than 48 hours after the possession order
Let Taz handle the paperwork
Taz is an AI property manager for landlords who would rather not live in the code books. It tracks the 45-day deposit clock, sends rent reminders, takes maintenance requests day and night, and keeps the records an Indiana judge would ask for. See how Taz works.
Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.
This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to an Indiana attorney before acting on a specific situation. Last checked September 2026.
Sources
- Ind. Code § 32-31-3-12, return of deposits and the 45-day notice
- Ind. Code § 32-31-3-13, permitted uses of a deposit
- Ind. Code § 32-31-3-14, itemised notice of damages
- Ind. Code § 32-31-3-15, failure to give notice means full refund
- Ind. Code § 32-31-3-16, liability for withheld deposits
- Ind. Code § 32-31-3-18, disclosure of managers and agents
- Ind. Code § 32-31-3-19, deposits when the property is sold
- Ind. Code 32-31-3, full security deposit chapter
- Ind. Code § 32-31-1-1, one month's notice for a tenancy at will
- Ind. Code § 32-31-1-4, notice equal to the rental interval
- Ind. Code § 32-31-1-6, 10-day notice for unpaid rent
- Ind. Code § 32-31-1-8, when no notice to quit is needed
- Ind. Code § 32-31-1-9, service of notices
- Ind. Code § 32-31-1-20, rent control and local regulation preemption
- Ind. Code § 32-31-5-6, entry notice and the ban on lockouts and utility shutoffs
- Ind. Code § 32-31-8-5, landlord obligations
- Ind. Code § 32-31-8-6, tenant's cause of action and attorney fees
- Ind. Code § 32-30-3-2, order to show cause and the five business day hearing
- Ind. Code § 32-30-3-5, hearing on the order to show cause
- Ind. Code § 32-30-3-8, tenant's surety undertaking
- Ind. Code § 32-30-3-10, removal no earlier than 48 hours
- Ind. Code 32-30-2, actions to recover real property from a tenant
- Indiana Legal Help, eviction questions and the possession and damages hearings
