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Indiana Security Deposit Law, in Plain English

45 daysDeadline after termination and delivery of possession to mail an itemized damage notice and return the remaining deposit
No capIndiana sets no limit on deposit size and requires no interest
1 addressThe written mailing address the tenant must supply before the landlord is liable under the chapter
$0Damages deemed due when the landlord misses the 45-day notice — the whole deposit comes back
Fees + costsWhat a noncompliant landlord owes on top of the withheld amount (no multiplier)

No cap, no interest, no escrow — the rules start at move-out

Indiana imposes no limit on deposit size, no interest obligation, and no requirement about where the money is held. The chapter's attention begins the day the tenancy ends.

What the deposit may be applied to is a closed list (§ 32-31-3-13): accrued rent; damages the landlord has suffered or will reasonably suffer from the tenant's noncompliance with the law or the rental agreement — meaning damage beyond ordinary wear and tear; and unpaid utility or sewer charges the tenant owed under the lease. Anything else comes out of the landlord's pocket.

The landlord isn't liable until you've given a mailing address in writing

§ 32-31-3-12(b) is blunt: the landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address. Every remedy below — the 45-day duty, the deemed-no-damages rule, the attorney's fees — depends on that piece of paper.

For tenants, this is the entire game: hand over a written forwarding address the day the keys go back, and keep proof. For landlords, the mirror advice: ask for it in writing at move-out, because the 45-day clock is measured against the address you were given.

After move-out: 45 days to itemize — with repair estimates — and return the rest

Not more than 45 days after termination of the rental agreement and delivery of possession, the landlord must mail to the tenant's supplied address an itemized list of damages claimed against the deposit, with the estimated cost of repair for each item, and return the remaining balance.

The estimate requirement matters: "cleaning — $300" isn't an itemization. Each claimed item needs its own line and its own number, and each number needs something behind it if the tenant asks.

Indiana wants an itemized list with a number on every line. Give each number a photo.

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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Indiana law or a particular result in a deposit dispute.

When it goes wrong: silence means "no damages are due"

Indiana's penalty isn't a multiplier — it's a presumption with teeth. Under § 32-31-3-15, a landlord's failure to send the notice of damages within 45 days constitutes agreement by the landlord that no damages are due, and the landlord must remit the full deposit immediately. Indiana courts have extended the logic: a landlord who skipped the notice generally can't turn around and sue the tenant for the damages the deposit would have covered.

On top of the refund, a landlord who fails to comply owes the tenant reasonable attorney's fees and court costs (§ 32-31-3-16). And no lease can contract around any of this — a waiver of the chapter by either party is void.

Deposit disputes go to the small claims docket of the county circuit or superior court, which hears claims up to $10,000 — informal and inexpensive. The winning file: the lease, proof of the written mailing address, the 45-day itemized notice or the silence where one should have been, and dated room-by-room photos from both ends of the tenancy.

Frequently asked questions

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

Not more than 45 days after the rental agreement ends and you deliver possession — but the landlord's obligation only kicks in once you've given a mailing address in writing. Within the 45 days the landlord must return the remaining deposit and mail an itemized list of any damages claimed with the estimated cost of each.

How much can a landlord charge for a security deposit in Indiana?

There's no statutory cap, no interest requirement, and no rule on where the money is kept. Indiana regulates the return, not the amount.

Why does my forwarding address matter so much in Indiana?

Because § 32-31-3-12 says the landlord is not liable under the deposit chapter until you supply a mailing address in writing. No address, no 45-day duty, no remedy. Hand it over in writing the day you return the keys — and keep a copy.

What can a landlord deduct from a deposit in Indiana?

Only accrued rent, damages from your noncompliance with the law or the lease — which means damage beyond ordinary wear and tear — and unpaid utility or sewer charges you owed under the lease. Faded paint and normally worn carpet aren't damages.

What happens if the landlord misses the 45-day deadline?

The statute treats the silence as the landlord's agreement that no damages are due: the full deposit must be returned immediately (§ 32-31-3-15). Indiana courts have also held that a landlord who skipped the notice can't later sue you for the damages the deposit would have covered.

Can I recover attorney's fees in Indiana?

Yes. A landlord who fails to comply with the notice and remittance rules is liable for the amount withheld plus reasonable attorney's fees and court costs (§ 32-31-3-16). Indiana doesn't double or triple the deposit, but the fee award makes a clear-cut case worth a lawyer's time.

Can my lease waive these rules?

No. Any waiver of the security deposit chapter by a landlord or tenant is void. A clause saying the deposit is 'nonrefundable' or shortening your rights doesn't change the statute.

Where do deposit disputes go in Indiana?

The small claims docket of the county circuit or superior court, for claims up to $10,000 statewide, including Marion County's township small claims courts — informal and inexpensive. Bring the lease, your written mailing-address notice, the 45-day itemized list or proof none arrived, and dated move-in and move-out photos.

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