Indiana Security Deposit Deductions
In Indiana, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 45 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Indiana record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | 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 the result of ordinary wear and tear, plus specified rent and utility uses. Ordinary cleaning is not an independent authorized purpose. (Ind. Code § 32-31-3-13) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Ind. Code §§ 32-31-3-12 to 32-31-3-15). (Ind. Code §§ 32-31-3-12 to 32-31-3-15) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Ind. Code §§ 32-31-3-12 to 32-31-3-15). (Ind. Code §§ 32-31-3-12 to 32-31-3-15) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Ind. Code §§ 32-31-3-12 to 32-31-3-15). (Ind. Code §§ 32-31-3-12 to 32-31-3-15) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Ind. Code §§ 32-31-3-12 to 32-31-3-15). (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, if a written agreement so stipulates, the last payment period of rent. (Ind. Code § 32-31-3-12, -13) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 45 days |
| Receipts required | No |
| Rule | Not more than 45 days after termination of occupancy, the landlord shall mail an itemized list of damages claimed, setting forth the estimated cost of repair for each damaged item and the amounts and lease terms on which the landlord intends to assess the tenant, plus a check or money order for the difference. Estimated costs, not receipts. Failure to provide the notice of damages means the landlord may not use the deposit for those damages. |
| Citation | Ind. Code §§ 32-31-3-12, 32-31-3-14, 32-31-3-15 |
Burden of proof
Failure by a landlord to provide notice of damages as required by section 14 constitutes agreement by the landlord that no damages are due, and the landlord must remit the full deposit. Ind. Code § 32-31-3-15.
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 ...; and (3) unpaid utility or
What this means
Source accessed: .
If it was deducted anyway
Use the Indiana demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Indiana template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Indiana law (Ind. Code §§ 32-31-3-12 to 32-31-3-15), a landlord must return the deposit or respond in writing within [45 calendar days, see the note above] after termination of the rental agreement and delivery of possession.
FAQ
What security deposit deductions are allowed in Indiana?
Only the uses in the supplied Indiana record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Indiana landlord have to itemize deductions?
Yes. Not more than 45 days after termination of occupancy, the landlord shall mail an itemized list of damages claimed, setting forth the estimated cost of repair for each damaged item and the amounts and lease terms on which the landlord intends to assess the tenant, plus a check or money order for the difference. Estimated costs, not receipts. Failure to provide the notice of damages means the landlord may not use the deposit for those damages.
Who has the burden of proof for a Indiana deduction?
Failure by a landlord to provide notice of damages as required by section 14 constitutes agreement by the landlord that no damages are due, and the landlord must remit the full deposit. Ind. Code § 32-31-3-15.