Landlord Tenant Laws in Indiana (IN)
The information below is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice specific to your situation.
Indiana's landlord-tenant laws are governed by Ind. Code § 32-31-1 et seq.. The state receives a tenant-friendliness grade of F (Very Landlord-Friendly) based on deposit protections, eviction procedures, rent control status, habitability standards, and available tenant remedies. Indiana is moderately landlord-friendly. No cap on security deposits and no rent withholding. Landlords must provide written notice of damages within 45 days or forfeit the right to retain the deposit.
Security Deposit Rules in Indiana
Indiana does not impose a statutory cap on security deposits, meaning landlords can charge any amount they choose. However, excessively high deposits may discourage prospective tenants and could be challenged in court as unconscionable. Landlords must return the deposit within 45 days after the tenant vacates, typically with an itemized list of any deductions for damages beyond normal wear and tear.
Eviction Process in Indiana
In Indiana, a landlord must provide 10 days' written notice before filing for eviction based on nonpayment of rent. This is a moderate notice period that balances the landlord's need for timely payment with the tenant's need for reasonable time to respond. For month-to-month tenancies, 30 days' notice is required to end the tenancy. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Indiana.
Tenant Rights in Indiana
Indiana does not provide rent withholding or repair-and-deduct remedies for tenants. When a landlord fails to maintain the property, the tenant's primary recourse is to file a complaint with local code enforcement or pursue a civil lawsuit. This puts tenants at a significant disadvantage when facing habitability issues.
Rent Control in Indiana
Indiana has preempted local rent control, meaning cities and municipalities within the state are prohibited from enacting their own rent control ordinances. Landlords can raise rent by any amount with proper notice, subject only to anti-discrimination and anti-retaliation laws.
Landlord Obligations in Indiana
Landlords in Indiana are generally required to:
- Comply with building and housing codes affecting health and safety
- Maintain common areas in a clean and safe condition
- Keep electrical, plumbing, heating, and other systems in good working order
- Provide and maintain appropriate trash receptacles
- Supply running water and reasonable amounts of hot water
- Provide Reasonable notice notice before entering the rental unit (except emergencies)
- Return security deposits within 45 days with an itemized statement of deductions
- Follow proper legal procedures for eviction (no self-help evictions)
City-Specific Landlord-Tenant Information in Indiana
Many cities in Indiana have additional local ordinances or practices that affect landlord-tenant relationships. Below are notes for 3 major cities.
Indianapolis
Indianapolis follows state law. Has housing code enforcement for rental properties.
Fort Wayne
No local landlord-tenant ordinances beyond state law.
Evansville
Follows state landlord-tenant law without local modifications.
Tenant-Friendliness Score Breakdown
Our scoring system evaluates each state across six categories of tenant protection. Indiana scores 29 out of 100, earning a grade of F (Very Landlord-Friendly).
How Indiana Compares
Below is a comparison of Indiana with five states that have similar tenant-friendliness scores. This can help you understand where Indiana falls on the spectrum of tenant protections nationwide.
| State | Score | Grade | Deposit Limit | Eviction Notice | Rent Control |
|---|---|---|---|---|---|
| Indiana (IN) | 29 | F | No statutory limit | 10 days | Rent Control Preempted |
| South Carolina (SC) | 29 | F | No statutory limit | 5 days | Rent Control Preempted |
| Tennessee (TN) | 30 | D | No statutory limit | 14 days | Rent Control Preempted |
| North Carolina (NC) | 32 | D | 1.5 months' rent (week-to-week: 2 weeks); 2 months (month-to-month) | 10 days | Rent Control Preempted |
| South Dakota (SD) | 32 | D | 1 month's rent (2 months if special conditions) | 3 days | Rent Control Preempted |
| Texas (TX) | 26 | F | No statutory limit | 3 days | Rent Control Preempted |
Frequently Asked Questions About Indiana Landlord-Tenant Laws
How much can a landlord charge for a security deposit in Indiana?
In Indiana, the security deposit limit is No statutory limit. The landlord must return the deposit within 45 days after the tenant moves out, along with an itemized list of any deductions.
How many days notice before eviction in Indiana?
For nonpayment of rent, Indiana requires 10 days notice before a landlord can file for eviction. For lease termination without cause, 30 days notice is typically required. The actual court process takes additional time.
Can I withhold rent in Indiana if my landlord won't make repairs?
No, Indiana does not allow tenants to withhold rent. Tenants should consult a local attorney about available remedies.
Does Indiana have rent control?
No, Indiana prohibits local rent control ordinances. Landlords can raise rent by any amount with proper notice.
How much notice must a landlord give before entering in Indiana?
Landlords in Indiana must give Reasonable notice notice before entering, except in emergencies.
Relevant Statutes
The landlord-tenant laws of Indiana are primarily found in Ind. Code § 32-31-1 et seq.. These statutes cover security deposits, lease requirements, eviction procedures, landlord obligations, and tenant remedies. For the most current version of the law, consult your state legislature's website or a qualified attorney.
Explore More States
Use our landlord-tenant law lookup tool to quickly find laws for any state, or browse all 50 states compared side-by-side. Remember that local city ordinances may provide additional protections beyond what state law requires.
This information is provided for educational purposes only and is not legal advice. Consult a qualified attorney for legal guidance on your specific situation.