How much notice does a landlord have to give before eviction in Indiana?

Indiana sets specific notice periods that depend on the reason for eviction: non-payment of rent, lease term breach, or end of lease term. Notice must generally be in writing and served correctly to be valid. The eviction section above details the required notice for each case in Indiana; in most situations, a landlord must go through the courts before removing a tenant, changing the locks, or shutting off utilities, but state-by-state exceptions can apply (e.g., abandonment statutes), so review the state guide below before acting.

What habitability standards must landlords meet in Indiana?

Under Indiana law, landlords are generally responsible for keeping the unit safe and livable: working heat, hot water, plumbing, electrical, locks, and a structurally sound building. If you report a serious habitability problem in writing and the landlord fails to fix it within a reasonable time, many states let you pursue remedies like repair-and-deduct, rent withholding, or lease termination, but the available remedies and the procedures to use them vary by state, and a few states do not recognize all of them. See the habitability section above for the procedures that apply in Indiana.

State Reference Guide · Midwest

Indiana
Tenant Rights.

This guide provides a complete overview of landlord-tenant laws in the State of Indiana. Indiana law is generally considered "landlord-friendly," as it lacks some of the protections found in other states (such as a statutory right to repair-and-deduct). However, tenants still have specific, enforceable rights regarding security deposits, habitability, and notice periods.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Return

45 Days

strict itemization

Notice to Quit (Rent)

10 Days

Repair and Deduct

Not Recognized

by statute

Landlord Entry

Reasonable

notice

What rights do tenants have in Indiana?

Tenants in Indiana are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Indiana sometimes add stronger protections on top of these state-wide rules.

MONEY

Security Deposits

Indiana law regulates how security deposits are handled to ensure tenants receive their money back if they fulfill their lease obligations.

Maximum Amount

Indiana has no state limit on how much a landlord can charge for a security deposit (IC § 32-31-3).

Return Deadline

Landlords must return the security deposit (or the remaining balance) within 45 days after the termination of the lease and the tenant vacating the unit (IC § 32-31-3-12).

The "Forwarding Address" Requirement

The 45-day clock does not begin until the tenant provides the landlord with a written forwarding address. Failure to provide this in writing can forfeit your right to the 45-day deadline protections.

Itemization Requirements

If any portion of the deposit is withheld, the landlord must provide a written, itemized list of damages, including the estimated cost of each repair and the reasons for withholding (IC § 32-31-3-12).

Allowable Deductions

Deposits can be used for: - Unpaid rent.Damages beyond "normal wear and tear."Unpaid utility charges the tenant was responsible for.

Penalties for Non-Compliance

If a landlord fails to provide the itemized list or return the money within 45 days, the tenant is entitled to the return of the full deposit plus reasonable attorney’s fees and court costs (IC § 32-31-3-16).

NOTICE

Eviction Notices and Process

Indiana allows for a relatively fast eviction process. Landlords must follow specific notice procedures before filing an eviction lawsuit (Small Claims Court).

Nonpayment of Rent

Landlords must provide a 10-day Notice to Quit (IC § 32-31-1-6). If the tenant pays the full amount due within those 10 days, the landlord cannot proceed with the eviction.

Lease Violations

For violations of the lease other than nonpayment, Indiana law does not specify a mandatory notice period. However, most leases require a "reasonable" time to cure the violation. If the lease is silent, the landlord may file for eviction immediately, though courts often prefer to see a notice given.

Month-to-Month Termination

To end a month-to-month lease, either the landlord or the tenant must provide at least one (1) month's notice in writing (IC § 32-31-1-1).

Emergency Evictions

A landlord can seek an "Emergency Possessory Order" if the tenant is committing "waste" (damaging the property) or threatening the safety of others (IC § 32-31-6). This can lead to an expedited hearing within three business days.

NOTICE

Landlord Entry Requirements

Indiana law balances a tenant’s right to privacy with a landlord’s need to maintain the property.

Notice Period

Landlords must provide "reasonable notice" of their intent to enter the dwelling and may only enter at reasonable times (IC § 32-31-5-6).

Definition of Reasonable

While the law does not define "reasonable" in hours, 24 hours is the industry standard in Indiana.

Emergency Exceptions

A landlord may enter without notice in the event of an emergency (e.g., a bursting pipe or fire).

Prohibited Acts

Landlords cannot use their right of entry to harass the tenant.

MONEY

Rent Control and Fees

Rent Control Status

Indiana has statewide preemption of rent control. Under IC § 32-31-1-20, local municipalities (like Indianapolis or South Bend) are prohibited from enacting any form of rent control.

Late Fees

There is no state limit on late fees, but they must be "reasonable" and clearly defined in the written lease agreement.

Notice of Rent Increase

For month-to-month tenants, landlords must provide at least one (1) month's notice before increasing rent, consistent with termination notice requirements.

SAFETY

Habitability and Repairs

Every residential lease in Indiana contains an "implied warranty of habitability," meaning the landlord must keep the property fit for human habitation.

Landlord Obligations (IC § 32-31-8-5)

Deliver the unit in a safe, clean, and habitable condition.Comply with all health and housing codes.Maintain electrical, plumbing, HVAC, and sanitary systems in good and safe working condition.Provide hot and cold running water.

Tenant Obligations

Tenants must keep their unit clean, use appliances reasonably, and not damage the property.

The "Repair and Deduct" Warning

Indiana does not have a statutory right to "repair and deduct." If a landlord fails to make repairs, a tenant who withholds rent or pays for repairs and deducts the cost from the rent is at high risk of being evicted for nonpayment.

Legal Remedy

A tenant's primary remedy for a breach of habitability is to provide the landlord with a written notice of the problem and a reasonable time to fix it. If they fail to do so, the tenant may sue the landlord for damages or an injunction (IC § 32-31-8-6).

SAFETY

Retaliation Protections

Indiana provides explicit statutory protections against landlord retaliation under IC § 32-31-8.5.

Prohibited Acts

A landlord may not retaliate against a tenant by increasing rent, decreasing services, or bringing (or threatening to bring) an action for possession because the tenant has engaged in protected activities.

Protected Activities

These include reporting a landlord's failure to comply with health and housing codes to a governmental entity, reporting a violation of the landlord’s statutory obligations (under IC 32-31-8-5), or joining/organizing a tenant's union.

Legal Recourse

If a landlord violates this chapter, the tenant may recover damages, reasonable attorney's fees, and court costs.

Source

IC § 32-31-8.5

LEASE

Lease Requirements and Disclosures

Indiana law requires certain disclosures to be made in writing, usually within the lease.

Authorized Agents

The landlord must disclose in writing the name and address of the person authorized to manage the property and the person authorized to receive legal notices/service of process (IC § 32-31-3-18).

Floodplain Disclosure

If the lowest floor of a rental unit is located in a 100-year floodplain, the landlord must disclose this in the lease before the tenant moves in (IC § 32-31-1-21).

Written vs. Oral

Leases for more than three years must be in writing. However, written leases are strongly encouraged for all tenancies to protect tenant rights.

LEASE

Tenant Resources

Indiana Legal Services (ILS)

Provides free legal assistance to low-income tenants facing eviction.

Fair Housing Center of Central Indiana (FHCCI)

Focuses on discrimination and fair housing rights.

Indiana 2-1-1

A service that connects residents with local resources, including rental assistance.

Disclaimer: This guide is for informational purposes and does not constitute legal advice. Landlord-tenant laws are subject to change, and local court interpretations may vary. For specific legal issues, consult with an attorney licensed in Indiana.

Summary

Quick reference table.

Feature	Indiana State Law	Federal Baseline
Security Deposit Return	45 Days (Strict Itemization)	Not regulated
Notice to Quit (Rent)	10 Days	Not regulated
Repair and Deduct	Not recognized by statute	Not regulated
Landlord Entry	"Reasonable Notice"	Not regulated
Retaliation	Statutory protection (IC § 32-31-8.5)	Protected for Fair Housing complaints
Domestic Violence	Allows early lease termination	Protected in subsidized housing (VAWA)

Unique To Indiana

Protections you won't find everywhere else.

Domestic Violence Protections (IC § 32-31-9)

Indiana provides specific rights to victims of domestic violence, sexual assault, and stalking:

Lockouts and Utility Shutoffs (IC § 32-31-5-6)

"Self-help" evictions are illegal in Indiana. A landlord may not change your locks, remove your belongings, or shut off your utilities (water, gas, electric) to force you out of the property without a court order. If this occurs, a tenant can sue for immediate possession of the property and damages.

Cities with local protections

These Indiana cities layer extra tenant protections on top of state law: Angola, Bloomington, Carmel, Clarksville, Columbus, Evansville, Fishers, Fort Wayne, Franklin, Granger, Hammond, Indianapolis, Jeffersonville, Kokomo, Lafayette, Lebanon, Marion, Mishawaka, Muncie, New Albany, Richmond, Shelbyville, South Bend, Terre Haute, Valparaiso, Vincennes, West Lafayette, Westville.

Common Questions

Frequently Asked

Security deposit limits in Indiana are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Indiana statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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