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Security Deposit Laws in Indiana

By Tenant Know-How Editorial TeamLast updated 4 min read
Indiana Security Deposit Law at a Glance
Return Deadline
45 days
after move-out
Maximum Deposit
No cap
under state law
Itemization of Deductions
Required
Interest on Deposit
Not required
Statute: Ind. Code § 32-31-3-12

How long does a landlord have to return a security deposit in Indiana?

Under Ind. Code § 32-31-3-12, a landlord in Indiana has 45 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.

Important Indiana-specific details

Must provide itemized list of damages within 45 days.

What happens if the landlord misses the deadline in Indiana?

Missing the deadline has real consequences for landlords in Indiana. Under the statute, the penalty is: Full deposit plus attorney's fees.

In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 45 days, you likely have a strong case in small claims court.

What can the landlord legally deduct from your deposit in Indiana?

Indiana law generally allows landlords to deduct for:

  • Unpaid rent
  • Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
  • Cleaning costs, if the unit is left noticeably dirtier than at move-in
  • Breach-of-lease costs, such as early termination fees where legally permitted

Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.

Calculator: check your deposit situation

Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.

Security Deposit Return Calculator

Find out when your landlord must return your deposit and what they're legally allowed to deduct.

IN
Indiana Law
Ind. Code § 32-31-3-12
Return Deadline
45 days after move-out
Max Deposit
No statutory cap
Itemization
Required
Interest
Not required
Indiana Notes
Must provide itemized list of damages within 45 days.
Informational only — not legal advice. Verify with the cited statute or a local attorney.

What to do if your landlord won't return your deposit in Indiana

  1. Send a demand letter by certified mail. Cite Ind. Code § 32-31-3-12 and the amount owed. Keep a copy and the delivery receipt.
  2. Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
  3. File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
  4. Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.

For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.

Indiana Security Deposit FAQ

How long does a landlord have to return a security deposit in Indiana?
In Indiana, landlords must return the security deposit within 45 days of the tenant moving out, per Ind. Code § 32-31-3-12. They must either return the full deposit or provide an itemized statement of any deductions.
What is the maximum security deposit a landlord can charge in Indiana?
Indiana does not have a statutory cap on security deposits. Landlords can charge any amount, though market norms typically keep deposits to 1-2 months' rent.
What happens if my landlord doesn't return my deposit on time in Indiana?
In Indiana, the penalty for wrongfully withholding a security deposit is: Full deposit plus attorney's fees. You can sue in small claims court to recover the deposit plus the statutory penalty.
Does my landlord in Indiana have to pay interest on my security deposit?
No. Indiana does not require landlords to pay interest on security deposits.
Does my landlord have to itemize deductions from my deposit in Indiana?
Yes. Indiana law requires landlords to provide an itemized statement of any deductions made from your security deposit.