Indiana Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

No statutory cap on the amount of a security deposit found in IC 32-31-3. The term includes required prepayment of rent beyond the first full rental period and other refundable amounts (IC 32-31-3-9). A deposit may be used only for actual damage beyond ordinary wear and tear, unpaid rent (including rent due for premature termination), last month's rent if agreed in writing, and unpaid utility or sewer charges the tenant owed under the lease (IC 32-31-3-13).

Return deadline days

45 days

Itemization required

Yes

Interest required

No interest or separate-account requirement found in IC 32-31-3.

Source: IC 32-31-3-9, 3-12, 3-13, 3-14, 3-15, 3-16

Late fees

Rule

No provision on residential late fees found in IC 32-31 (the whole article was searched). Any late fee must come from the lease. Cities and towns may not regulate landlord fees by ordinance (IC 32-31-1-20(c)(7)). Other titles of the Indiana Code were not searched.

Source: IC 32-31 (no provision found); IC 32-31-1-20

Landlord entry

Notice

The landlord must give the tenant reasonable written or oral notice of intent to enter and may enter only at reasonable times; no fixed number of hours is set. The landlord may not abuse the right of entry or use it to harass. Entry without notice is allowed in an emergency that threatens the safety of occupants or the landlord's property, and without consent under a court order or if the unit is abandoned. The tenant may not unreasonably withhold consent for inspections, repairs, services or showings. A landlord may not change the locks or cut off electricity, gas, water or other essential services to exclude or pressure a tenant (except for emergencies, good-faith repairs or necessary construction).

Source: IC 32-31-5-6

Ending a month-to-month tenancy

Tenant

The statute does not separately state a tenant notice period for ending a month-to-month tenancy (IC 32-31-1-1 refers to notice 'delivered to the tenant'). In practice one month's written notice is used, but this is not stated for tenants.

Landlord

One month's written notice delivered to the tenant to end a tenancy at will (IC 32-31-1-1); for a periodic tenancy of 3 months or less, notice equal to the interval between periods (IC 32-31-1-4), i.e. one month for monthly rent. For unpaid rent, not less than 10 days' notice unless the parties agreed otherwise or the tenant pays in full before it ends (IC 32-31-1-6). A protected crime victim may end a lease on 30 days' written notice with the documents required by IC 32-31-9-12.

Source: IC 32-31-1-1, 1-2, 1-4, 1-6, 9-12

Rent increases

Rule

Unless a written rental agreement provides otherwise, the landlord must give at least 30 days' written notice before modifying the rental agreement (IC 32-31-5-4). The statute speaks of modifying the agreement, not specifically of rent.

Statewide rent control

No statewide rent cap found, and cities and towns may not regulate rental rates unless the General Assembly authorises it (government-subsidised property excepted) (IC 32-31-1-20(b)).

Source: IC 32-31-5-4, 32-31-1-20

Repairs & habitability

Rule

The landlord must deliver the unit in a safe, clean and habitable condition, comply with health and housing codes, keep common areas clean, and keep electrical, plumbing (hot and cold running water), sanitary, heating/ventilation/air-conditioning, elevator and supplied appliances in good and safe working condition (IC 32-31-8-5). The tenant must first give the landlord notice and a reasonable time to repair, and must allow access; a tenant who then wins may recover actual and consequential damages, attorney's fees and court costs, and injunctive relief (IC 32-31-8-6). No repair-and-deduct or rent-withholding statute was found in IC 32-31.

Source: IC 32-31-8-5, 8-6

Retaliation

Rule

A landlord may not raise rent, cut or interfere with services, or bring or threaten an eviction or possession action in response to protected activity: complaining to a code-enforcement agency about a health or safety violation, written complaint to the landlord about a violation of the entry or habitability duties, suing the landlord under ch. 6 or 8, joining a tenant organisation, or testifying against the landlord. Exceptions include not renewing at term end, raising rent to comparable market rent, equal service cuts, unpaid rent not cured, tenant-caused violations, and good-faith owner use or demolition. No time-based presumption.

Source: IC 32-31-8.5-2, 8.5-4, 8.5-5

Clauses often unenforceable in Indiana

• Any waiver of the security deposit chapter by landlord or tenant (IC 32-31-3-17)
• Any waiver of the entry/lockout, tenant-obligation, landlord-obligation, retaliation or crime-victim chapters (IC 32-31-5-1(c), 7-4, 8-4, 8.5-0.5, 9-1(c))
• Using the deposit for anything other than the purposes in IC 32-31-3-13 (damage beyond ordinary wear and tear, rent owed, last month's rent if agreed in writing, utility/sewer charges)
• Letting the landlord take or hold the tenant's belongings, or lock the tenant out or cut essential services, to enforce the lease (IC 32-31-5-5, 5-6(c))
• Requiring a lien on the tenant's motor vehicle as security (IC 32-31-3-13.5)
• Local rental caps or local rules on deposits and fees are void (IC 32-31-1-20), so lease terms cannot rely on them