Indiana Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in Indiana, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in Indiana. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | Indiana |
|---|---|
| Where these laws apply | Indiana's residential landlord-tenant statutes (IC 32-31, Chapters 3 to 11, including Chapter 8.5) apply to rental agreements for dwelling units located in Indiana. Unless an arrangement was created to avoid them, they do not apply to residence in an institution providing detention, medical care, maternity home care, education, counseling, religious, geriatric or similar services; occupancy by a purchaser under a contract of sale (subject to an exception in IC 32-31-3-7(b)); fraternal or social organization housing; transient occupancy in a hotel, motel or other lodging; employee occupancy conditional on work on the premises; condominium owners and cooperative proprietary leaseholders; and property used mainly for agriculture. Units as defined in IC 36-1-2-23 may not regulate tenant screening, security deposits, lease applications, lease terms and conditions, disclosures, the rights of the parties, or landlord fees for privately owned property unless an act of the General Assembly authorizes it. IC 32-31-2.9-2, -3, -4; IC 32-31-1-20(c) |
| Security deposit limit | |
| Where deposits are held | |
| Returning the deposit | Within 45 days after the rental agreement ends and possession is delivered, the landlord must return the deposit minus accrued rent, damages from the tenant's noncompliance with the law or the agreement, and unpaid utility or sewer charges the tenant owes under the agreement, all itemized in a written notice with the amount due. The landlord is not liable until the tenant gives the landlord, in writing, a mailing address for the notice and amount. Within 45 days after occupancy ends, the landlord must mail the tenant an itemized list of damages claimed, with a check or money order for the rest of the deposit. A landlord who gives no notice of damages is treated as agreeing that none are due and must return the full deposit immediately. If the landlord does not comply, the tenant may recover the deposit due and reasonable attorney's fees; a landlord who does not comply with the itemized-list rules owes the part withheld plus reasonable attorney's fees and court costs. IC 32-31-3-12(a), (b), 32-31-3-14, -15, -16 |
| Deposit deductions | Only for actual damage to the unit or any ancillary facility that is not ordinary wear and tear; rent in arrears and rent due because the tenant ended the agreement early; the last rent payment, if a written agreement says the deposit will serve as it; and utility or sewer charges the landlord paid that were the tenant's obligation under the agreement and unpaid by the tenant. The itemized list must give the estimated cost of repair for each damaged item and the amounts and lease on which the landlord intends to assess the tenant. Unless otherwise agreed, the tenant may not apply the deposit to rent. IC 32-31-3-12(a), 32-31-3-13, 32-31-3-14 |
| Interest on deposits | |
| Landlord entry notice | Reasonable written or oral notice of the landlord's intent to enter. No number of hours or days is set in Indiana Code Title 32, Article 31. The landlord may enter only at reasonable times and may not abuse the right of entry or use it to harass the tenant. The tenant may not unreasonably refuse entry to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or show the unit to prospective or actual buyers, mortgagees, tenants, workers or contractors. No notice is needed in an emergency that threatens the occupants' safety or the landlord's property, and no consent is needed under a court order or if the tenant has abandoned or surrendered the unit. IC 32-31-5-6(e), (f), (g) |
| Notice to end a month-to-month lease | A general tenancy with the landlord's express or constructive consent is considered a tenancy from month to month (except on land used for agriculture). For a tenancy of not more than three months that runs from one period to another, notice to the tenant equal to the interval between the periods is enough to end it. A tenancy at will may be ended by one month's written notice delivered to the tenant. The notice may be served on the tenant; if the tenant cannot be found, on a person living at the premises, with its contents explained; and if no one is found there, by posting a copy on a conspicuous part of the premises. IC 32-31-1-1, -2, -4, -9 |
| Rent-increase notice | No notice period named for a rent increase in Indiana Code Title 32, Article 31. Unless a written rental agreement provides otherwise, the landlord must give the tenant at least 30 days' written notice before modifying the rental agreement. A landlord may not raise the rent in response to a tenant's protected activity: a complaint to a government agency about a code violation that materially affects health or safety, a written complaint to the landlord about certain landlord violations, an action against the landlord under certain chapters, organizing or joining a tenant's organization, or testifying against the landlord. Raising the rent to the rate charged for comparable market rentals is still allowed, at the end of the term or, if the agreement provides for it, during the term. IC 32-31-5-4; IC 32-31-8.5-2, -4, -5 |
| Late fees | |
| Notice for unpaid rent | If the tenant does not pay rent when due, the landlord may end the lease with at least 10 days' notice to the tenant, unless the parties agreed otherwise or the tenant pays the rent in full before the notice period ends. No notice is required if the contract's express terms require rent in advance and the tenant does not pay it in advance. The notice may be served on the tenant, on a person living at the premises if the tenant cannot be found, or by posting a copy on a conspicuous part of the premises if no one is found there. IC 32-31-1-6, -8(5), -9 |
| Rent control | Not allowed: units as defined in IC 36-1-2-23 may not regulate rental rates for privately owned real property, by zoning ordinance or otherwise, unless an act of the General Assembly authorizes it. Subject to IC 36-1-3-8.5, this does not apply to privately owned property that received government funds or benefits for the express purpose of providing reduced rents to low or moderate income tenants. IC 32-31-1-20(a), (b) |
| Required landlord disclosures | In writing, at or before the start of the rental agreement: the names and addresses of a person living in Indiana who is authorized to manage the unit, and of a person living in Indiana, reasonably accessible to the tenant, who is authorized to act as the owner's agent for service of process and for receiving notices and demands. For rental agreements entered into or renewed after June 30, 2009: if the lowest floor of the structure, including a basement, is at or below the 100-year flood elevation (as determined by the Department of Natural Resources, FEMA Flood Insurance Rate Maps or FEMA-approved local flood plain maps), the rental agreement must clearly disclose that the structure is in a flood plain. For leases entered into or renewed after June 30, 2023 of property assessed as residential or commercial land (or used by certain tax-exempt nonprofits for listed purposes), the lease must disclose that the property is located near a military installation, within a state area of interest, and may be affected by the installation's military operations, and that local laws may restrict use and development of the property to promote compatibility with military installation operations. When the landlord delivers the unit, the landlord must have the tenant acknowledge in writing that the unit has a functional smoke detector. IC 32-31-3-18(a); IC 32-31-1-21; IC 32-31-1-21.1; IC 32-31-5-7(a) Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, religion, sex, familial status, disability and national origin. These are the same classes as the federal Fair Housing Act, which says "handicap" for disability. IC 22-9.5-5-1(a), (b); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in Indiana listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in Indiana?
No limit set by Indiana Code Title 32, Article 31. See the source in the table above.
How long does a Indiana landlord have to return a security deposit?
Within 45 days after the rental agreement ends and possession is delivered, the landlord must return the deposit minus accrued rent, damages from the tenant's noncompliance with the law or the agreement, and unpaid utility or sewer charges the tenant owes under the agreement, all itemized in a written notice with the amount due. The landlord is not liable until the tenant gives the landlord, in writing, a mailing address for the notice and amount. Within 45 days after occupancy ends, the landlord must mail the tenant an itemized list of damages claimed, with a check or money order for the rest of the deposit. A landlord who gives no notice of damages is treated as agreeing that none are due and must return the full deposit immediately. If the landlord does not comply, the tenant may recover the deposit due and reasonable attorney's fees; a landlord who does not comply with the itemized-list rules owes the part withheld plus reasonable attorney's fees and court costs. See the source in the table above.
How much notice must a Indiana landlord give before entering?
Reasonable written or oral notice of the landlord's intent to enter. No number of hours or days is set in Indiana Code Title 32, Article 31. The landlord may enter only at reasonable times and may not abuse the right of entry or use it to harass the tenant. The tenant may not unreasonably refuse entry to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or show the unit to prospective or actual buyers, mortgagees, tenants, workers or contractors. No notice is needed in an emergency that threatens the occupants' safety or the landlord's property, and no consent is needed under a court order or if the tenant has abandoned or surrendered the unit. See the source in the table above.
How much notice ends a month-to-month lease in Indiana?
A general tenancy with the landlord's express or constructive consent is considered a tenancy from month to month (except on land used for agriculture). For a tenancy of not more than three months that runs from one period to another, notice to the tenant equal to the interval between the periods is enough to end it. A tenancy at will may be ended by one month's written notice delivered to the tenant. The notice may be served on the tenant; if the tenant cannot be found, on a person living at the premises, with its contents explained; and if no one is found there, by posting a copy on a conspicuous part of the premises. See the source in the table above.
How much notice is required for a rent increase in Indiana?
No notice period named for a rent increase in Indiana Code Title 32, Article 31. Unless a written rental agreement provides otherwise, the landlord must give the tenant at least 30 days' written notice before modifying the rental agreement. A landlord may not raise the rent in response to a tenant's protected activity: a complaint to a government agency about a code violation that materially affects health or safety, a written complaint to the landlord about certain landlord violations, an action against the landlord under certain chapters, organizing or joining a tenant's organization, or testifying against the landlord. Raising the rent to the rate charged for comparable market rentals is still allowed, at the end of the term or, if the agreement provides for it, during the term. See the source in the table above.
How much can a Indiana landlord charge for late rent?
No limit and no grace period in Indiana Code Title 32, Article 31. See the source in the table above.
How much notice must a Indiana landlord give when rent is unpaid?
If the tenant does not pay rent when due, the landlord may end the lease with at least 10 days' notice to the tenant, unless the parties agreed otherwise or the tenant pays the rent in full before the notice period ends. No notice is required if the contract's express terms require rent in advance and the tenant does not pay it in advance. The notice may be served on the tenant, on a person living at the premises if the tenant cannot be found, or by posting a copy on a conspicuous part of the premises if no one is found there. See the source in the table above.
Does Indiana have rent control?
Not allowed: units as defined in IC 36-1-2-23 may not regulate rental rates for privately owned real property, by zoning ordinance or otherwise, unless an act of the General Assembly authorizes it. Subject to IC 36-1-3-8.5, this does not apply to privately owned property that received government funds or benefits for the express purpose of providing reduced rents to low or moderate income tenants. See the source in the table above.
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