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Indiana Landlord-Tenant Law 2026: The Complete Handbook
No deposit cap, 45-day return deadline, 10-day pay-or-vacate notices, 24-hour entry, flood plain and smoke detector rules. Indiana landlord law with statutes.
Quick answer
Indianalate fee & security deposit rules (2026)
In Indiana, a landlord's late fee has no statutory cap (it must be reasonable and stated in the lease), and no grace period is required by state law. Security deposits are limited to no statutory limit and must be returned within 45 calendar days of move-out.
- Late fee cap: No statutory cap
- Grace period: None required by state law
- Max security deposit: no statutory limit
- Deposit return deadline: 45 calendar days after move-out
- Deposit escrow: Not required
- Statutes: Ind. Code § 32-31-3
Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with Indiana-specific rules — security deposit deadlines, required disclosures, late fee rules, and eviction notice requirements — automatically enforced for every Indiana property.
Indiana's landlord-tenant relationship is governed by Title 32, Article 31 of the Indiana Code. Indiana is a landlord-friendly state — no deposit cap, no late fee cap, no rent control — but its 10-day nonpayment notice is one of the longest in the country. Here's everything you need to know.
Security deposits in Indiana
| Rule | Indiana Law |
|---|---|
| Maximum deposit | No statutory limit |
| Return deadline | 45 days after move-out (Ind. Code § 32-31-3-12) |
| Escrow required? | No |
| Interest required? | No |
| Itemized deductions? | Yes — itemized statement required (Ind. Code § 32-31-3-14) |
| Pet deposit allowed? | Yes |
Key details:
- Indiana has no cap on security deposits
- The deposit (or an itemized statement of deductions) must be returned within 45 days after the tenant vacates (Ind. Code § 32-31-3-12)
- Deductions must be itemized in writing (Ind. Code § 32-31-3-14) — keep receipts and photos
> Check your deposit: Use our Indiana security deposit calculator to track the 45-day return deadline and generate a compliant itemized statement.
Eviction process in Indiana
Indiana eviction follows a strict legal process. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal.
Step 1: Serve proper notice
| Reason | Notice Period | Notice Type |
|---|---|---|
| Nonpayment of rent | 10 days | Ten-Day Notice to Pay Rent or Vacate (Ind. Code § 32-31-1-6) |
| Month-to-month termination | 30 days | Notice to Terminate (Ind. Code § 32-31-1-1) |
Indiana's 10-day nonpayment notice is unusually long — most states use 3-7 days. The tenant has the right to cure: if they pay the full amount owed within the notice period, the tenancy continues (Ind. Code § 32-31-1-6).
Step 2: File an eviction action
If the tenant doesn't pay or vacate by the deadline, file an eviction action in the court for the county where the property is located.
Step 3: Court hearing
Both parties present their case. Bring your lease, the notice with proof of service, and the payment ledger.
Step 4: Writ and removal
If the court rules in your favor, the court's order authorizes law enforcement to carry out the physical eviction. Never remove a tenant yourself.
Late fees in Indiana
| Rule | Indiana Law |
|---|---|
| Grace period | Not required by statute |
| Maximum fee | No statutory cap — must be reasonable |
| Must be in lease? | Yes |
| Daily fees allowed? | Yes, if specified in lease |
> Calculate your late fee: Use our Indiana late fee calculator to check if your proposed fee is defensible under Indiana law. Also try our prorated rent calculator for move-in/move-out calculations and rent estimate tool to see if your rent is at market rate.
Indiana has no statutory grace period and no statutory cap on late fees. The fee must be in the lease and must be reasonable — courts can refuse to enforce a fee that operates as a penalty. Best practice: keep late fees in the range of 5-10% of monthly rent so they hold up if challenged. Remember that the 10-day pay-or-vacate notice runs on its own track: charging a late fee doesn't shorten or replace it.
Landlord entry in Indiana
| Rule | Indiana Law |
|---|---|
| Notice required? | Yes |
| Minimum notice period | 24 hours (Ind. Code § 32-31-5-6) |
| Emergency exceptions | Yes — emergencies permit entry without notice |
Indiana requires 24 hours' notice before non-emergency entry (Ind. Code § 32-31-5-6). Document each notice — entry disputes are one of the most common sources of tenant complaints.
Required disclosures in Indiana
Indiana landlords must disclose the following before or at lease signing:
- Lead paint disclosure — for properties built before 1978, disclose known lead-based paint hazards and provide the EPA "Protect Your Family From Lead in Your Home" pamphlet (federal requirement)
- Flood plain disclosure — if the lowest floor (including the basement) is at or below the 100-year flood elevation, the rental agreement must clearly disclose that the structure is located in a flood plain (Ind. Code § 32-31-1-21)
- Manager/agent identity — disclose in writing the name and address of the person managing the property and an agent authorized to receive notices (Ind. Code § 32-31-3-18)
- Smoke detector acknowledgment — the tenant must acknowledge in writing that the unit has a functional smoke detector, and the landlord must ensure it works at move-in (Ind. Code § 32-31-5-7)
- No rent control — Indiana has no rent control
- 30 days' notice is required to terminate a month-to-month tenancy (Ind. Code § 32-31-1-1), which effectively sets the minimum runway for a rent increase on a month-to-month tenancy
- Cannot raise rent during a fixed-term lease unless the lease includes a rent increase clause
- There is no cap on the amount of a rent increase
- Deliver and maintain the property in habitable condition and comply with applicable building and housing codes
- Keep structural components, plumbing, electrical, and supplied appliances in good working order
- Provide a functional smoke detector at move-in (Ind. Code § 32-31-5-7)
- Make repairs within a reasonable time after notice — Tenby's compliance data tracks a 14-day repair window for Indiana properties
- Keep the unit clean and sanitary
- Use systems, fixtures, and appliances reasonably
- Not damage the premises or disturb neighbors
- Notify the landlord of needed repairs promptly
- Habitable housing — the landlord must maintain the premises
- Right to cure nonpayment — paying in full within the 10-day notice period ends the eviction (Ind. Code § 32-31-1-6)
- 24-hour entry notice — before non-emergency landlord entry (Ind. Code § 32-31-5-6)
- Deposit protections — itemized deductions and the 45-day return deadline (Ind. Code §§ 32-31-3-12, 32-31-3-14)
- Withhold rent — Indiana does not provide a statutory rent-withholding remedy; tenants must pursue repair issues through the courts
- Repair and deduct — Indiana does not provide a statutory repair-and-deduct remedy
- Domestic violence protections — under federal VAWA, tenants in certain federally subsidized housing have additional protections
- 45-day deposit return tracking with countdown alerts
- Itemized deduction statements generated from move-out inspection photos
- 10-day pay-or-vacate notice generation with proper service documentation
- 24-hour entry notice tracking with delivery confirmation
- Flood plain, smoke detector, and agent-identity disclosure checklist at lease creation
- 30-day notice tracking for month-to-month terminations and rent increases
- Late fee reasonableness guidance since Indiana has no statutory cap
Rent increase rules in Indiana
Maintenance obligations
Landlord must:
Tenant must:
Tenant rights in Indiana
Tenants in Indiana have the right to:
How Tenby helps Indiana landlords
Tenby's compliance engine handles Indiana-specific requirements automatically:
The bottom line
Indiana is a landlord-friendly state with a few sharp edges. The key requirements to remember: 45-day deposit return with an itemized statement, the unusually long 10-day pay-or-vacate notice, 24-hour entry notice, and the flood plain and smoke detector disclosures. There's no deposit cap, no late fee cap, and no rent control — but where the statute is silent, your lease controls, so put it all in writing. Document everything and you'll avoid most legal issues.
Landlord Law Watch
Never miss a Indiana law change
This guide is current today — but Indiana's late fee caps, deposit rules, grace periods, and notice requirements change more often than most landlords realize. Law Watch monitors the statutes and emails you the moment Indiana moves: what changed, old vs. new, and what to update in your lease.
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