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Renting in Indiana

Your rights as a tenant in Indiana

In Indiana, the landlord has 45 days to return your deposit. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.

The rules, one by oneFree or low-cost legal help
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To return your deposit
45 days
Ind. Code §32-31-3-12(a)
Notice for late rent
10 days
Ind. Code §32-31-1-6
Notice of a rent increase
30 days
Ind. Code §32-31-5-4

A summary of state law, not legal advice. Cities may have additional rules.

What the law says

The rules, one by one

The basic rules for renting in Indiana, answered with state law and its citation.

Tap “What the law says” to read the exact text and see where it comes from.

  1. When must they return my deposit?

    45 days

    When the rental agreement ends and you give back the home, the landlord must return your security deposit. The landlord may deduct only unpaid rent, damages from not following the law or the lease, and utility or sewer charges the lease made you pay. Deductions must be itemized in a written notice, with the amount due to you, delivered no more than 45 days later. The landlord is not liable under this law until you give a mailing address in writing. Unless you agreed otherwise, you cannot use the deposit to pay rent.

    What the law says · Ind. Code §32-31-3-12(a)
    “(a) 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. Unless otherwise agreed, a tenant is not entitled to apply a security deposit to rent.”

    Source: Court of Appeals of Indiana (Saha v. Ebben, No. 23A-EV-2806, May 29, 2024; quoting the Indiana Code) · Verified on October 24, 2026

  2. If I fall behind on rent, what notice must I get?

    10 days

    If you do not pay rent when it is due, the landlord may end the lease with at least 10 days' notice. If you pay the rent in full before the notice period ends, the landlord cannot end it for that reason. This rule does not apply if you and the landlord agreed otherwise.

    What the law says · Ind. Code §32-31-1-6
    “If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days notice to the tenant unless: (1) the parties otherwise agreed; or (2) the tenant pays the rent in full before the notice period expires.”

    Source: Court of Appeals of Indiana (Jones v. Full Spectrum Property Management, No. 25A-EV-532, Feb. 10, 2026; quoting the Indiana Code) · Verified on October 24, 2026

  3. How much notice ends a month-to-month rental?

    A month-to-month tenancy can be ended with one month's notice.

    What the law says · Ind. Code §32-31-1-4
    “Once a tenancy becomes month to month, Indiana Code section 32-31-1-4 establishes that the tenancy can be terminated upon one month’s notice.”

    Source: Court of Appeals of Indiana (Kemp v. Lee, No. 18A-SC-2587, July 18, 2019) · Verified on October 24, 2026

  4. How much notice before a rent increase?

    30 days

    If the landlord wants to change your rental agreement (for example, the rent), they must give you written notice at least 30 days before, unless a written rental agreement between you says otherwise.

    What the law says · Ind. Code §32-31-5-4
    “Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement.”

    Source: Indiana General Assembly – Indiana Code 2026, Title 32 · Verified on November 6, 2026

Protections

Protections the law gives you

We show only what state law says, with its citation. Your city may give you more protections.

  • Only a court order can remove you

    Yes: state law says so

    Without a court order, a landlord may not block your access to your home or interfere with your possession of it, for example by changing the locks or adding a device to keep you out.

    What the law says · Ind. Code §32-31-5-6(c)
    “Except as authorized by judicial order, a landlord may not deny or interfere with a tenant’s access to or possession of the tenant’s dwelling unit by commission of any act, including the following: (1) Changing the locks or adding a device to exclude the tenant from the dwelling unit.”

    Court of Appeals of Indiana (Kemp v. Lee, No. 18A-SC-2587, July 18, 2019; quoting the Indiana Code)

  • Protection from retaliation

    Yes: state law says so

    Indiana law prohibits retaliatory acts by a landlord. That ban does not stop a landlord from deciding not to renew a rental agreement when its term ends.

    What the law says · Ind. Code §32-31-8.5-5
    “The statutory prohibition against retaliatory acts by a landlord does not prohibit a landlord from “[d]eclining to renew a rental agreement at the conclusion of the term of the rental agreement.” Ind. Code § 32-31-8.5-5(b)(1).”

    Court of Appeals of Indiana (May v. Sharp, No. 24A-SC-3159, Sept. 25, 2025)

Eviction

How an eviction works in Indiana

Step by step, with the time periods the law sets. No landlord can skip the court.

Compare with other states

  1. Notice of at least 10 days for unpaid rent

    at least 10 days

    What the law says · Ind. Code §32-31-1-6
    “If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days notice to the tenant unless: (1) the parties otherwise agreed; or (2) the tenant pays the rent in full before the notice period expires.”

    public.courts.in.gov

  2. Landlord files a notice of claim; the court sets the hearing date

    What the law says · Ind. Small Claims Rule 2(B)(3)
    “(3) The place, date, and time when the parties are to appear on the claim, which date shall be set by the court with the objective of dispensing speedy justice between the parties according to the rules of substantive law;”

    rules.incourts.gov

  3. Service of the notice of claim on the tenant

    What the law says · Ind. Small Claims Rule 3(A)
    “For the purpose of service the notice of claim shall also be considered to be the summons. A copy of the notice of claim shall be served upon each defendant. Service may be made by sending a copy by certified mail with return receipt requested, or by delivering a copy to the defendant personally, or by leaving a copy at the defendant's dwelling house or usual place of abode, or in any other manner provided in Trial Rules 4.1 through 4.16.”

    rules.incourts.gov

  4. Possession before final judgment only if the landlord posts a bond

    What the law says · Ind. Code §32-30-3-6
    “Indiana Code Section 32-30-3-6 provides that a trial court may not order preliminary possession absent the filing of a “written undertaking in an amount fixed by the court and executed by a surety . . . .””

    public.courts.in.gov

  5. The sheriff takes part in the eviction only with a prior court order

    What the law says
    “However, actual eviction with the sheriff’s participation will require a prior court order.”

    in.gov

Frequently asked questions

When must a deposit be returned in Indiana?

When the rental agreement ends and you give back the home, the landlord must return your security deposit. The landlord may deduct only unpaid rent, damages from not following the law or the lease, and utility or sewer charges the lease made you pay. Deductions must be itemized in a written notice, with the amount due to you, delivered no more than 45 days later. The landlord is not liable under this law until you give a mailing address in writing. Unless you agreed otherwise, you cannot use the deposit to pay rent. (Ind. Code §32-31-3-12(a))

What notice is required for late rent in Indiana?

If you do not pay rent when it is due, the landlord may end the lease with at least 10 days' notice. If you pay the rent in full before the notice period ends, the landlord cannot end it for that reason. This rule does not apply if you and the landlord agreed otherwise. (Ind. Code §32-31-1-6)

How much notice ends a month-to-month rental in Indiana?

A month-to-month tenancy can be ended with one month's notice. (Ind. Code §32-31-1-4)

How much notice before a rent increase in Indiana?

If the landlord wants to change your rental agreement (for example, the rent), they must give you written notice at least 30 days before, unless a written rental agreement between you says otherwise. (Ind. Code §32-31-5-4)

A summary of state law, not legal advice. Cities may have additional rules.

Pending

What is left to verify

We have not yet verified these Indiana rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.

  • How much can they charge for a deposit? Not verified yet
  • Are there limits on late fees? Not verified yet
  • Protection related to immigration status Not verified yet
  • Repair and deduct from the rent Not verified yet