Indiana (IN) law guide
Indiana governs residential tenancies primarily through **Indiana Code Title 32, Article 31**, a framework that gives landlords wide latitude on deposit amounts and rent pricing while imposing clear procedural duties around returns and eviction. The state expressly prohibits local governments from enacting rent control ordinances under **IC 32-31-1-20**, making Indiana one of the more landlord-friendly states in the Midwest. Tenants still hold meaningful protections covering habitability, retaliation, and the right to a court-supervised eviction process.
Security deposit limit
No statutory cap
Deposit return deadline
45 days after move-out (IC 32-31-3-12)
Statewide rent control
None -- prohibited by IC 32-31-1-20
Nonpayment eviction notice
10-day pay-or-quit (IC 32-31-1-6)
Indiana rental market snapshot
Population
~6.9 million (2025 estimate)
Renter households
~30% of households rent
Median rent
~$1,300 (2BR)
Largest rental markets
Indianapolis, Fort Wayne, Evansville, South Bend, Bloomington
Indianapolis anchors the state rental market with two-bedroom units averaging roughly $1,250 and a 45% renter-household rate, meaning the city's cost-accessible rents coexist with a legal framework that places few restrictions on deposits or increases -- a combination that draws institutional investors while keeping tenant protections moderate.
Indiana imposes no statutory maximum on security deposits, which means a landlord may charge whatever amount the rental market will support. In practice, most Indiana landlords collect one to two months' rent, but nothing in IC Title 32, Article 31 prevents a higher figure. Landlords who accept pet deposits should note that while the main deposit has no cap, separate pet-related charges are still subject to reasonableness and any written lease terms.
Once a tenancy ends, a landlord must return the deposit -- together with an itemized written statement of any deductions -- within 45 days of lease termination and the tenant's surrender of possession (IC 32-31-3-12). The clock does not begin running until the tenant supplies a written forwarding address; failing to provide one can delay the return without penalty to the landlord. Permissible deductions include unpaid rent, water and sewer charges specified in the lease, and physical damage beyond ordinary wear and tear. Cosmetic aging such as minor scuffs, faded paint, or worn carpet from normal use cannot be charged back to the tenant.
Non-compliance carries stiff consequences. A landlord who fails to return the deposit and itemized statement within the 45-day window forfeits the right to retain any portion of the deposit and faces liability for the full deposit amount plus the tenant's reasonable attorney fees. Tenants can pursue these claims in small claims court without hiring counsel, which makes the return deadline one of the most litigated provisions in Indiana residential law.
Indiana is a rent-control-free state by explicit legislative choice. IC 32-31-1-20 bars any city, town, or county from passing ordinances that regulate, control, or stabilize residential rental rates. Indianapolis, Fort Wayne, Bloomington, and every other Indiana municipality are equally prohibited from creating local caps. This pre-emption has been in place for years and was reaffirmed in the 2025 Indiana Code without change.
For month-to-month tenancies, a landlord must deliver at least 30 days' written notice before a rent increase takes effect. The notice must be in writing and properly delivered to the tenant -- verbal notification does not satisfy the requirement. Fixed-term leases are governed by the lease itself; a landlord generally cannot raise the rent mid-term unless the lease contains a specific escalation clause, and any new rate takes effect only upon renewal.
There is no limit on the size of a rent increase in Indiana, only on the timing of the notice. Proposed state legislation in 2025 (HB 1162) sought to introduce a cap equal to the lesser of 5% plus the cost-of-living increase or 10% in any 12-month period, but that bill did not become law. Landlords should confirm the current legislative session status before assuming the law has changed.
For nonpayment of rent, Indiana landlords must serve a 10-day notice to pay or quit before filing any court action (IC 32-31-1-6). The notice must state the exact amount owed and inform the tenant that the lease will terminate if full payment is not received within 10 days. Indiana law does not require a grace period, so rent is technically late the day after it is due unless the lease provides otherwise. If the tenant pays in full before the 10 days expire, the eviction cannot proceed on nonpayment grounds.
Once the notice period passes without cure, the landlord files an eviction complaint -- called an action for ejectment or recovery of possession -- with the local Indiana court. A hearing is typically scheduled within 10 to 20 days of service on the tenant. If the court rules for the landlord, a writ of restitution is issued, and the sheriff or constable carries out the physical removal, usually within 7 to 14 days. The total timeline from first notice to lawful removal commonly runs three to six weeks, though contested cases can extend considerably longer.
Self-help eviction is strictly illegal in Indiana. A landlord who changes the locks, removes a tenant's belongings, shuts off utilities, or takes any other action to exclude a tenant without a court order violates IC 32-31-5-6 and exposes themselves to damages and attorney fees. Every removal must be carried out by a law enforcement officer acting under a valid writ. Landlords should also be aware that a 2025 legislative reform (SEA 142, effective July 1, 2025) expanded the availability of eviction record sealing for tenants, which can affect background-check practices.
Indiana landlords must deliver and maintain a rental unit that is safe, clean, and habitable throughout the tenancy under IC 32-31-8-5. This means functioning plumbing, heat, electrical systems, and weathertight windows and doors, as well as compliance with applicable local housing and health codes. When a landlord fails to make required repairs after reasonable written notice, tenants may have the right to terminate the lease or seek damages, though Indiana does not have a statutory rent-withholding or repair-and-deduct right as broad as some other states.
Retaliation by a landlord is prohibited. If a tenant reports habitability issues, contacts a building inspector, or exercises any legally protected right, the landlord cannot respond by raising rent, cutting services, or initiating eviction proceedings. IC 32-31-8-6 creates a presumption of retaliation if adverse action follows a tenant complaint within a certain time frame, shifting the burden to the landlord to show a legitimate reason. Tenants facing retaliation can assert it as a defense in eviction proceedings and may recover damages.
Indiana tenants are also entitled to reasonable notice before a landlord enters the unit, typically 24 hours except in emergencies, and to peaceful enjoyment of the premises free from harassment or utility shutoffs. Tenants who believe their civil rights have been violated in a housing context -- such as discrimination based on race, religion, sex, familial status, or disability -- can file complaints with the Indiana Civil Rights Commission in addition to pursuing federal Fair Housing Act remedies.
This guide is general information, not legal advice. Governing statute: Indiana Code Title 32, Article 31 (Landlord-Tenant Relations). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
Indiana FAQ
Indiana has no statutory limit on security deposit amounts. Landlords may charge whatever they deem appropriate, though market practice typically falls in the range of one to two months' rent. There is no state law capping pet deposits either, although any charge must be disclosed in the lease.
A landlord must return the deposit and a written itemized statement of deductions within 45 days of lease termination and the tenant's surrender of possession (IC 32-31-3-12). The deadline only starts running once the tenant provides a written forwarding address. Failure to comply means the landlord forfeits the right to retain any portion of the deposit and may owe the tenant's attorney fees.
No. Indiana law (IC 32-31-1-20) expressly prohibits any city or county from enacting rent control or rent stabilization ordinances. There is also no statewide cap on rent increases. On a month-to-month lease, landlords must give at least 30 days' written notice before any increase takes effect, but there is no limit on how large that increase can be.
For nonpayment of rent, Indiana landlords must serve a 10-day notice to pay or quit (IC 32-31-1-6). The tenant has 10 days to pay the full overdue amount or vacate. If the tenant pays in full before the 10 days expire, the eviction process cannot continue. Only after the notice period passes without cure can the landlord file a court action.
No. Self-help eviction is illegal in Indiana. A landlord who shuts off utilities, changes locks, removes doors or windows, or otherwise interferes with a tenant's access to the unit without a court order violates IC 32-31-5-6 and can be held liable for damages and attorney fees. All evictions must go through the court process and be carried out by a law enforcement officer under a writ of restitution.
Under IC 32-31-8-5, landlords must maintain rental units in a safe, habitable condition and comply with applicable housing codes. If a landlord fails to make necessary repairs after reasonable written notice, the tenant may have grounds to seek damages or terminate the lease. Indiana does not provide a statutory repair-and-deduct remedy, so tenants facing serious habitability issues should contact Indiana Legal Services (844-243-8570) or file a complaint with the local housing authority.
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