Indiana Security Deposit: Your Deadline and Next Step
In Indiana, the landlord must return the deposit within 45 calendar days (tenant has supplied a written mailing address; clock does not run for landlord liability until address is provided in writing). Use the dates below to calculate your deadline (Ind. Code §§ 32-31-3-12 to 32-31-3-15).
Last checked 2026-07-14
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Details of the return rules
| When it applies | Deadline | Starts from |
|---|---|---|
| tenant has supplied a written mailing address; clock does not run for landlord liability until address is provided in writing | 45 days | after termination of the rental agreement and delivery of possession |
Indiana return rule: 45 calendar days (tenant has supplied a written mailing address; clock does not run for landlord liability until address is provided in writing). Check the dates you entered above.
Key facts
| Deadline | 45 calendar days (tenant has supplied a written mailing address; clock does not run for landlord liability until address is provided in writing) |
|---|---|
| Deadline trigger | after termination of the rental agreement and delivery of possession |
| Penalty formula | tenant may recover all of the security deposit due plus reasonable attorney's fees; failure to provide timely itemization is treated as agreement that no damages are due and full deposit must be remitted |
| Bad faith required | No |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | No statewide statutory maximum. |
| Forwarding address required | Yes |
| Small claims limit | $10,000 (statewide small claims) in Small Claims Court (circuit/superior; Marion County Small Claims Court where applicable) |
| Statute citation | Ind. Code §§ 32-31-3-12 to 32-31-3-15 |
The landlord says you owe more than the deposit. What now?
Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.
A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:
A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector
If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt
If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation
What can a landlord deduct in Indiana?
Indiana law names a specific rule for 2 of 6 common charges (cleaning and unpaid rent and fees). For the others, the general wear-and-tear rule applies.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | Only if this condition is met: To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear. | A security deposit may be used only to reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not… | Ind. Code § 32-31-3-13 |
| Carpet replacement | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Ind. Code §§ 32-31-3-12 to 32-31-3-15 |
| Painting | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Ind. Code §§ 32-31-3-12 to 32-31-3-15 |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Ind. Code §§ 32-31-3-12 to 32-31-3-15 |
| Pet damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Ind. Code §§ 32-31-3-12 to 32-31-3-15 |
| Unpaid rent and fees | Yes | The deposit may pay all rent in arrearage and rent due for premature termination, unpaid utility or sewer charges that are the tenant’s obligation, and,… | Ind. Code § 32-31-3-12, -13 |
I never did a move-in inspection. How do I prove the condition?
Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.
Where do you file if the letter does not work?
Small claims court in Indiana hears claims up to $10,000. You can ask for up to $10,000 there, or file for the full amount in Small Claims Court (circuit/superior; Marion County Small Claims Court where applicable). Check the court and fees.
The state record lists a 6-year period to sue. Check when your claim accrued before counting from it.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Marion County | Marion County Small Claims Court, Warren Township Division, Indianapolis | $10,000 (statewide small claims only) | County filing fee: $104 total for a new claim with one defendant: $89 filing and $15 service. Court source: https://www.warrentownshiptrustee.org/index.php/prepare-for-your-hearing/ | Yes | Official court website Court page check not recorded |
| Lake County | Lake Superior Court, County Division, Small Claims, Crown Point | $10,000 (statewide small claims only) | Statewide filing fee: $87 if e-filed or $97 on paper, before optional sheriff service. Official statewide fee source: https://www.in.gov/courts/iocs/publications/trial-fees/ | Yes | Official court website Court page check not recorded |
| Allen County | Allen Superior Court, Small Claims Division, Fort Wayne | $10,000 (statewide small claims only) | Statewide filing fee: $87 if e-filed or $97 on paper, before optional sheriff service. Official statewide fee source: https://www.in.gov/courts/iocs/publications/trial-fees/ | Yes | Official court website Court page check not recorded |
See all 92 county small claims courts and filing fees
What happens if the landlord misses the deadline?
tenant may recover all of the security deposit due plus reasonable attorney's fees; failure to provide timely itemization is treated as agreement that no damages are due and full deposit must be remitted Keep statutory damages separate from the deposit and other actual damages.
Indiana is one of 10 states where the law names another remedy, such as forfeiture, fees, or damages.
How does Indiana's deadline compare with other states?
Indiana's return deadline is 45 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| Indiana | 45 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-14 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
FAQ
How do I confirm the Indiana deadline?
Use the questions above to match your dates to Ind. Code §§ 32-31-3-12 to 32-31-3-15, and keep proof of each date.
What is the small claims limit in Indiana?
See the applicable court limits and jurisdictions in the state court guide. Indiana court guide
City data on this page currently includes Indianapolis, Fort Wayne, Evansville, South Bend, Carmel, Fishers.
Tenant resources
- Indiana Legal Serviceslegal aid, 844-243-8570
- Indiana Legal Helplegal aid
- Indiana Attorney General Consumer Protection Divisionag consumer, 800-382-5516
- Indiana Judicial rule Small Claims Manualcourt self help
What's next?
What to do if there is no response · How to send your letter · How to write a demand letter
Statute text, sources and changes
Statute says
Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to: (1) the payment of accrued rent; (2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and (3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement; all as itemized by the landlord with the amount due in a written notice that is delivered to the tenant not more than forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection.
What this means
Sources
- https://iga.in.gov/laws/2025/ic/titles/32#32-31-3-12 · accessed 2026-07-14
- https://law.justia.com/codes/indiana/title-32/article-31/chapter-3/section-32-31-3-12/ · accessed 2026-07-14
- https://www.indianalegalservices.org/security-deposits/ · accessed 2026-07-14
- https://www.in.gov/courts/publications/small-claims-manual/ · accessed 2026-07-14
Changes
- : Record verified against the cited statute.
Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6