Sources checked:
Quick answer. Indiana: deposit returned within 45 days; 30-day notice to end month-to-month; 10-day notice for unpaid rent; $10,000 small claims limit. 12 of 23 items are confirmed on official pages; 11 are marked not confirmed, with the page to check.
Key numbers
- Deposit back within
- 45 days
- Month-to-month notice (landlord)
- 30 days
- Unpaid rent notice
- 10 days
- Entry notice
- See the rule
- Small claims limit
- $10,000
Security deposit (3 of 6 confirmed)
Law read: IC 32-31-3-12.
Need the other side served? Process serving with an affidavit of service.
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Not confirmedDeposit limit
Not confirmed — check Indiana Office of Court Services: Small Claims Manual (2026, updated 12/23/2025). Not confirmed from official text. Check IC 32-31-3.
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ConfirmedReturn deadline
For rental agreements made after June 30, 1989: within 45 days after the landlord receives the tenant's forwarding address, a full refund or an itemized written statement of why any part is kept (IC 32-31-3-12).
Sources: Indiana Office of Court Services: Small Claims Manual (2026, updated 12/23/2025); Justia (statute text) (secondary source): 2025 Indiana Code 32-31-3-16; FindLaw Codes (secondary source): IC 32-31-3-16, current as of January 1, 2026, checked November 2026
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ConfirmedItemized list of deductions
An itemized, written statement showing why all or part of the deposit is kept (IC 32-31-3-12).
Sources: Indiana Office of Court Services: Small Claims Manual (2026, updated 12/23/2025); Justia (statute text) (secondary source): 2025 Indiana Code 32-31-3-16; FindLaw Codes (secondary source): IC 32-31-3-16, current as of January 1, 2026, checked November 2026
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Not confirmedInterest on the deposit
Not confirmed — check Indiana Office of Court Services: Small Claims Manual (2026, updated 12/23/2025). Not confirmed from official text. Check IC 32-31-3.
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Not confirmedWhere the deposit is held
Not confirmed — check Indiana Office of Court Services: Small Claims Manual (2026, updated 12/23/2025). Not confirmed from official text. Check IC 32-31-3.
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ConfirmedPenalty the law states
A landlord who fails to comply with sections 14 and 15 (the itemized notice and the withholding rules) is liable for the part of the deposit withheld, plus reasonable attorney fees and court costs (IC 32-31-3-16).
Sources: Justia (statute text) (secondary source): 2025 Indiana Code 32-31-3-16; FindLaw Codes (secondary source): IC 32-31-3-16, current as of January 1, 2026, checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (5 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | At least 30 days' advance notice by either side (Small Claims Manual). A tenancy at will ends on one month's written notice delivered to the tenant. | Sources: Indiana Office of Court Services: Small Claims Manual (2026); Indiana General Assembly: IC 32-31-1 (2025), checked November 2026 (IC 32-31-1-1) |
| Ending month-to-month (tenant) | At least 30 days' advance notice by either side (Small Claims Manual). A tenancy at will ends on one month's written notice delivered to the tenant. | Sources: Indiana Office of Court Services: Small Claims Manual (2026); Indiana General Assembly: IC 32-31-1 (2025), checked November 2026 (IC 32-31-1-1) |
| Rent increase notice | Not confirmed — check Indiana General Assembly: IC 32-31-1 (2025). Not in the sources read. Check the lease. | |
| Unpaid rent notice | Not less than 10 days' notice, unless the parties agreed otherwise or the tenant pays in full within the period. | Source: Indiana General Assembly: IC 32-31-1 (2025), checked November 2026 (IC 32-31-1-6) |
| Entry notice | Reasonable times with reasonable notice for repairs and inspections; immediate access for emergencies. No set hours. | Source: Indiana Office of Court Services: Small Claims Manual (2026), checked November 2026 |
| Late fee limits | Reasonable late charges only if agreed in writing. | Source: Indiana Office of Court Services: Small Claims Manual (2026), checked November 2026 |
More: Notice periods by state · Notice date calculator
Eviction case, in order (3 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: Not less than 10 days' notice, unless the parties agreed otherwise or the tenant pays in full within the period.
- Filing the case Where the case goes and what it costs to start.
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Not confirmedCourt
Not confirmed — check Indiana Office of Court Services: Small Claims Manual (2026). Not confirmed on an official page we opened.
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Not confirmedFiling fee
Not confirmed — check Indiana Office of Court Services: Small Claims Manual (2026). Not confirmed on an official page we opened.
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- The tenant's answer or appearance
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Not confirmedTime to answer or appear
Not confirmed — check Indiana Office of Court Services: Small Claims Manual (2026). Not confirmed on an official page we opened.
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- Hearing or trial
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Not confirmedHearing after filing
Not confirmed — check Indiana Office of Court Services: Small Claims Manual (2026). Not confirmed on an official page we opened.
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- Judgment and the writ The order that lets the officer act.
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Not confirmedJudgment to writ
Not confirmed — check Indiana Office of Court Services: Small Claims Manual (2026). Not confirmed on an official page we opened.
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- Lockout Carried out by an officer, not by either side.
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Not confirmedWrit to lockout
Not confirmed — check Indiana Office of Court Services: Small Claims Manual (2026). Not confirmed on an official page we opened.
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ConfirmedWho carries out the lockout
An actual eviction with the sheriff's help needs a court order first.
actual eviction with the sheriff's participation will require a prior court order.
Source: Indiana Office of Court Services: Small Claims Manual (2026), checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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Not confirmedPaying to stop the case
Not confirmed — check Indiana Office of Court Services: Small Claims Manual (2026). Not confirmed on an official page we opened.
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ConfirmedRight to counsel (statewide)
No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.
An eviction right to counsel is created by an enacted law that, at a minimum:
Source: National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026), checked November 2026
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ConfirmedDiversion or mediation (statewide)
A statewide pre-eviction diversion program and a free landlord-tenant settlement conference program. If both sides agree to use a resource, the case is stayed for 90 days.
There is a statewide pre-eviction diversion program, as well as, a free landlord-tenant settlement conference program available.
Source: Indiana Office of Court Services: Small Claims Manual (2026), checked November 2026
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Help the official pages name: Indiana Legal Help website and its self-help forms.
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$10,000: the most a small claims case can ask for.
$10,000 or less for small claims filed on or after July 1, 2021. Marion County small claims courts have their own statute (Ind. Code 33-34).
Filing fee to start a case: $87 to $130.
Source: Indiana Office of Court Services: Small Claims Manual (2026 edition, updated 12/23/2025), checked November 2026
More: Indiana small claims court
Still to confirm
- Deposit limit: check Indiana Office of Court Services: Small Claims Manual (2026, updated 12/23/2025)
- Interest on the deposit: check Indiana Office of Court Services: Small Claims Manual (2026, updated 12/23/2025)
- Where the deposit is held: check Indiana Office of Court Services: Small Claims Manual (2026, updated 12/23/2025)
- Rent increase notice: check Indiana General Assembly: IC 32-31-1 (2025)
- Court: check Indiana Office of Court Services: Small Claims Manual (2026)
- Filing fee: check Indiana Office of Court Services: Small Claims Manual (2026)
- Time to answer or appear: check Indiana Office of Court Services: Small Claims Manual (2026)
- Hearing after filing: check Indiana Office of Court Services: Small Claims Manual (2026)
- Judgment to writ: check Indiana Office of Court Services: Small Claims Manual (2026)
- Writ to lockout: check Indiana Office of Court Services: Small Claims Manual (2026)
- Paying to stop the case: check Indiana Office of Court Services: Small Claims Manual (2026)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How long does a Indiana landlord have to return a deposit?
For rental agreements made after June 30, 1989: within 45 days after the landlord receives the tenant's forwarding address, a full refund or an itemized written statement of why any part is kept (IC 32-31-3-12). What goes with it: An itemized, written statement showing why all or part of the deposit is kept (IC 32-31-3-12).
How much notice ends a month-to-month tenancy in Indiana?
From the landlord: At least 30 days' advance notice by either side (Small Claims Manual). A tenancy at will ends on one month's written notice delivered to the tenant. From the tenant: At least 30 days' advance notice by either side (Small Claims Manual). A tenancy at will ends on one month's written notice delivered to the tenant.
What notice comes before an unpaid-rent case in Indiana?
Not less than 10 days' notice, unless the parties agreed otherwise or the tenant pays in full within the period.
How much notice before a landlord enters a rental in Indiana?
Reasonable times with reasonable notice for repairs and inspections; immediate access for emergencies. No set hours.
Can a Indiana deposit dispute go to small claims court?
The small claims limit in our data: $10,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
How much can a security deposit be in Indiana?
Not confirmed in our data files. Check Indiana Office of Court Services: Small Claims Manual (2026, updated 12/23/2025) (https://www.in.gov/courts/files/small-claims-manual.pdf).
Related: Landlord rules by state · Kits for landlords