Marion County, Indiana: Small Claims for a Security Deposit
Limits: $10,000 (statewide small claims only). E-filing: Yes. Court: Marion County Small Claims Court, Warren Township Division. County filing fee: $104 total for a new claim with one defendant: $89 filing and $15 service.
Filing facts
| State small claims limits | $10,000 (statewide small claims only) |
|---|---|
| County filing fee | $104 total for a new claim with one defendant: $89 filing and $15 service. |
| E-filing | Yes |
| Time limit to sue in Indiana | 6 years. |
| State deposit return deadline |
|
| 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. |
| Deposit statute | Ind. Code §§ 32-31-3-12 to 32-31-3-15 |
The fee depends on how much you claim; the court's schedule above shows the tiers.
Where to file
Marion County Small Claims Court, Warren Township Division
Courthouse city: Indianapolis
Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.
Court page check not recorded
See how to file in Indiana for the state filing procedure.
Rent and deposits in Marion County
County median gross rent: $1,107 per month.
| Bedrooms | Monthly rent |
|---|---|
| Studio | $925 |
| 1 bedroom | $963 |
| 2 bedrooms | $1,122 |
| 3 bedrooms | $1,308 |
| 4 bedrooms | $1,600 |
Illustrative deposit example computed from the county median rent: one month of the Census two-bedroom median is $1,122; two months is $2,244. This is an example computed from the county median, not a legal cap or a survey of deposits. The calculations below use the one-month deposit of $1,122.
State legal maximum deposit in Indiana: No statewide statutory maximum.
Total households in Marion County: 396,662.
Renter households: 174,825 (44.1% of all households).
Renters spending more than half their household income on rent: 4.7%. A delayed deposit refund can leave these households with less money for their next rent payment.
County rent and household source: U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates, tables B25064, B25031, B25003, B25070. Accessed .
Will my deposit claim fit the limit?
Using the county Census figure: two-bedroom median gross rent for Marion County, $1,122 per month.
The deposit range does not include penalties, interest, or other amounts you may claim.
- Compared with $10,000 (statewide small claims only), the whole deposit range fits.
A claim above the applicable limit must either be reduced to that limit or go to a different court.
Towns this court serves
A deposit claim is usually filed where the property sits or where the landlord is.
- Beech Grove
- Clermont
- Crows Nest
- Cumberland
- Homecroft
- Indianapolis city (balance)
- Lawrence
- Meridian Hills
- North Crows Nest
- Rocky Ripple
- Southport
- Speedway
- Spring Hill
- Warren Park
- Williams Creek
- Wynnedale
Source: U.S. Census Bureau, 2020 Census place-to-county relationship file.
Courthouse details
Address: 675 Justice Way, Indianapolis, IN 46203
Phone: 317-327-4740
From the state court directory; not confirmed against the court's own page
Free help in Marion County
- Indiana Legal Services
free civil legal help for eligible low-income Hoosiers in every Indiana county, including eviction defense and help correcting substandard living conditions such as leaks, faulty plumbing, or vermin
Phone: (844) 243-8570
- Neighborhood Christian Legal Clinic
free legal help with evictions, security deposits, repairs, and accessibility issues; housing clinics in Marion, Hamilton, Hendricks, and Johnson Counties
Phone: (317) 429-4131
- Indianapolis Neighborhood Housing Partnership
HUD-certified housing counseling and a free Successful Renting class covering security deposits, leases, and tenant and landlord rights and responsibilities
Phone: (317) 610-4663
Statewide help
- Indianapolis Legal Aid Society
free civil legal help for eligible low-income clients, including housing and landlord-tenant cases such as illegal evictions and security-deposit recovery
Phone: (317) 635-9538
These are independent organisations, not DemandLetterLab.
From letter to filing
- Send an Indiana security deposit demand letter stating the deposit amount supported by your records. Give the landlord your forwarding address in writing.
- Before you file: review the deposit return deadlines above and allow the typical response window of 45 days after your letter.
- Time limit to sue in Indiana: 6 years.
- Check the court's filing instructions. Keep your lease, payment records, photos, letter, and proof of delivery ready.
This template uses Indiana law. Your county decides where you file, not which law applies.
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
How much does it cost to file in Marion County?
County filing fee: $104 total for a new claim with one defendant: $89 filing and $15 service.
How long do I have to sue?
Time limit to sue in Indiana: 6 years.
Where do I file?
Marion County Small Claims Court, Warren Township Division. Courthouse city: Indianapolis. Check the court's instructions for the right filing location.