Indiana Security Deposit Law: Deadlines & Penalties
Indiana landlords must return the security deposit, minus any lawful deductions, within 45 days after the rental agreement ends and the tenant delivers possession. Deductions are limited to unpaid rent, rent due for ending the lease early, damage beyond ordinary wear and tear, and unpaid utility or sewer charges the tenant owed under the lease.
There's an important condition: the landlord's duties don't start until the tenant provides a mailing address in writing. The landlord must then send an itemized list of damages, with the estimated cost of repair for each item, along with any balance owed. This letter includes your forwarding address so the 45-day period is clearly triggered.
A landlord who doesn't send the itemized notice within 45 days is treated as agreeing that no damages are owed, and must return the full deposit immediately. A tenant who sues can recover the deposit withheld plus reasonable legal fees and court costs. Indiana small claims dockets hear claims up to $10,000, and Marion County has its own township small claims courts.
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Indiana: common questions
How long does an Indiana landlord have to return a deposit?
45 days after the tenancy ends and you deliver possession, once you have given the landlord a mailing address in writing. The refund must include an itemized list of any damages and the estimated repair cost for each item.
Do I need to give my Indiana landlord a forwarding address?
Yes. The landlord isn't liable under the deposit law until you supply a mailing address in writing. This letter includes your forwarding address, so send it even if you think you gave one before.
What if my Indiana landlord never sent an itemized list?
If the landlord fails to send the itemized notice of damages within 45 days, the law treats that as an agreement that no damages are due. You can recover the full deposit plus reasonable legal fees and court costs.
What is the Indiana small claims limit for a deposit case?
Indiana small claims dockets hear claims up to $10,000. Cases are filed on the small claims docket of the county circuit or superior court, or in a township small claims court if you live in Marion County.
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