Getting the Deposit Back
IC 32-31-3-14 — an itemized list and the balance within 45 days, or the whole deposit is owed
When a rental agreement ends, the landlord returns the security deposit, less accrued rent, damages from the tenant's noncompliance, and unpaid utility or sewer charges the tenant owed, all itemized in a written notice delivered not more than 45 days after the agreement ends and possession is handed back.
Who handles this in Indiana: Indiana Legal Help and Indiana Legal Services; and legal aid programs and the state offices, listed in the Indiana directory.
The forwarding address in writing comes first. The landlord is not liable under the deposit chapter until the tenant gives the landlord, in writing, a mailing address to send the notice and the money to.
A deposit may be used only for the following.
- Actual damage to the unit or its facilities beyond ordinary wear and tear.
- Rent in arrears, and rent due because the tenant ended the agreement early.
- The last period's rent, only where a written agreement says the deposit will serve as the last payment.
- Utility or sewer charges the tenant was obligated to pay and did not, which the landlord paid.
The itemized list gives the estimated cost of repair for each damaged item, and comes with a check or money order for the difference between the damages claimed and the deposit. A landlord who sends no list has agreed that no damages are due, and owes the full deposit immediately.
A landlord who does not comply is liable for the part of the deposit withheld plus reasonable attorney's fees and court costs. Unless otherwise agreed, a tenant may not apply the deposit to rent, and a waiver of the chapter by either side is void.
Sources for this section (6)
- IC 32-31-3-12 — Return of deposits; deductions; liability
- IC 32-31-3-13 — Use of deposits
- IC 32-31-3-14 — Notice of damages; refund of remaining deposits
- IC 32-31-3-15 — Remittance of full deposit
- IC 32-31-3-16 — Liability for withheld deposits
- IC 32-31-3-17 — Waiver of chapter
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.