DisputeKit / Indiana
How long does a Indiana landlord have to return a security deposit?
45 days. Under Indiana Code § 32-31-3-14, a landlord must return the security deposit minus any lawful deductions, together with an itemized written notice of the damages claimed and the estimated cost of repair for each item within 45 days. The clock starts when you move out and hand back possession of the unit. Your landlord is not liable until you give them a mailing address in writing. If they miss that deadline, they lose the right to keep any part of the deposit.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 45 days run from the end of the rental agreement and delivery of possession.
- The landlord is not liable until the tenant gives the landlord a mailing address in writing.
What Indiana law says about deductions and your rights
- A deposit may be used only for damage beyond ordinary wear and tear, unpaid rent, rent due for early termination by the tenant, and unpaid utility or sewer charges the tenant owed.
- A landlord who does not comply is liable for the part of the deposit withheld plus reasonable attorney's fees and court costs; there is no multiple-damages penalty.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Indiana is $10,000 on the small claims docket, and the filing fee is Varies by county (filing fee plus service fees); check with the county clerk.
Steps
- Find your move-out date and deposit amount
- Give your landlord your forwarding address in writing (your demand letter can do this)
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit. Your landlord is not liable until you give them a mailing address in writing
- Count 45 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Indiana?
The clock starts when you move out and hand back possession of the unit. Your landlord is not liable until you give them a mailing address in writing.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Do I need a lawyer?
Not usually. Small claims court in Indiana is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.