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
Indiana statutory deadlines
When it appliesDeadlineStarts from
tenant has supplied a written mailing address; clock does not run for landlord liability until address is provided in writing45 daysafter 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

Deadline45 calendar days (tenant has supplied a written mailing address; clock does not run for landlord liability until address is provided in writing)
Deadline triggerafter termination of the rental agreement and delivery of possession
Penalty formulatenant 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 requiredNo
Itemization requiredYes
Interest on depositNo
Maximum depositNo statewide statutory maximum.
Forwarding address requiredYes
Small claims limit$10,000 (statewide small claims) in Small Claims Court (circuit/superior; Marion County Small Claims Court where applicable)
Statute citationInd. 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.

Common deposit deductions in Indiana
ChargeCan the landlord deduct it?RuleCitation
CleaningOnly 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 replacementOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedInd. Code §§ 32-31-3-12 to 32-31-3-15
PaintingOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedInd. Code §§ 32-31-3-12 to 32-31-3-15
Nail holes and wall damageOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedInd. Code §§ 32-31-3-12 to 32-31-3-15
Pet damageOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedInd. Code §§ 32-31-3-12 to 32-31-3-15
Unpaid rent and feesYesThe 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

See the Indiana deduction guide.

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

CountyCourt and cityLimitFiling feeE-filingCourt link
Marion CountyMarion 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/YesOfficial court website
Court page check not recorded
Lake CountyLake 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/YesOfficial court website
Court page check not recorded
Allen CountyAllen 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/YesOfficial 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.

Strip plot · Indiana · return deadline · 45 days vs ≈30 day median · verified 2026-07-14
Primary return rules from state statute records.
Indiana and nearby deadlines
StateReturn rule
Indiana45 days
District of Columbia45 days
Illinois45 days
Maryland45 days
Mississippi45 days
Oklahoma45 days
See all 51 jurisdictions
All state return rules
StateReturn rule
Montana10 days
Alaska14 days
Arizona14 days
Hawaii14 days
Kansas14 days
Nebraska14 days
New York14 days
Vermont14 days
Florida15 days
Delaware20 days
Rhode Island20 days
California21 days
Connecticut21 days
Idaho21 days
Minnesota21 days
South Dakota21 days
Wisconsin21 days
Colorado30 days
Georgia30 days
Iowa30 days
Louisiana30 days
Maine30 days
Massachusetts30 days
Michigan30 days
Missouri30 days
Nevada30 days
New Hampshire30 days
New Jersey30 days
New Mexico30 days
North Carolina30 days
North Dakota30 days
Ohio30 days
Pennsylvania30 days
South Carolina30 days
Texas30 days
Utah30 days
Washington30 days
Wyoming30 days
Oregon31 days
District of Columbia45 days
Illinois45 days
Indiana45 days
Maryland45 days
Mississippi45 days
Oklahoma45 days
Virginia45 days
Alabama60 days
Arkansas60 days
West Virginia60 days
KentuckyNo fixed return deadline
TennesseeNo 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

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.

Ind. Code §§ 32-31-3-12 to 32-31-3-15

What this means

Sources

Download these values (CSV)

Changes

  • : Record verified against the cited statute.

Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6