US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
What is the time limit for returning my security deposit in Indiana?

What is the time limit for returning my security deposit in Indiana?

Full question:

I vacated my rental unit a two day ago when the lease term expired. The rental unit is situated in South Bend, Indiana. What is the time limit within which the security deposit should be refunded by my landlord?

Category: Landlord Tenant
Subcategory: Security Deposit
Date: 04/07/2025
State: Indiana

Answer:

In Indiana, landlords must return your security deposit within 45 days after your lease ends. This is according to Indiana law (Burns Ind. Code Ann. § 32-31-3-12). The landlord can deduct amounts for:

Accrued rent
Damages from your noncompliance with the law or rental agreement
Unpaid utility or sewer charges

The landlord must provide you with a written notice itemizing these deductions within the 45-day period. They are not required to return the deposit until you give them a mailing address. If they fail to comply, you may recover the full deposit and reasonable attorney's fees.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long can a landlord hold your deposit in Indiana?

In Indiana, a landlord can hold your security deposit for up to 45 days after the lease ends. During this time, they must return the deposit or provide an itemized list of deductions. If they do not return the deposit or notify you within this period, you may be entitled to recover the full deposit and reasonable attorney's fees. This is outlined in Indiana law (Burns Ind. Code Ann. § 32-31-3-12). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if the landlord doesn't return a deposit in Indiana?

If a landlord in Indiana fails to return your security deposit within 45 days after your lease ends, or does not provide an itemized list of deductions, you may be entitled to recover the full amount of the deposit. Additionally, you may be able to claim reasonable attorney's fees if you pursue legal action. This is governed by Indiana law (Burns Ind. Code Ann. § 32-31-3-12). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if a tenant stays after lease expires?

If a tenant stays in a rental unit after the lease has expired in Indiana, they may be considered a holdover tenant. The landlord can choose to either accept rent for the continued stay or begin eviction proceedings. It's important to note that the terms of the original lease may still apply during this period, and the landlord must follow proper legal procedures for eviction. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the law on security deposits in Indiana?

In Indiana, the law regarding security deposits requires landlords to return the deposit within 45 days after the lease ends. They can deduct amounts for unpaid rent, damages, or unpaid utility charges. Landlords must provide a written notice detailing any deductions made. If they fail to comply, tenants may recover the full deposit and reasonable attorney's fees. This is outlined in Indiana law (Burns Ind. Code Ann. § 32-31-3-12). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the 45 day letter rule in Indiana?

The 45-day letter rule in Indiana refers to the requirement that landlords must return a tenant's security deposit or provide an itemized list of deductions within 45 days after the lease ends. If the landlord fails to do this, they may be liable to return the full deposit amount and pay reasonable attorney's fees. This rule is established under Indiana law (Burns Ind. Code Ann. § 32-31-3-12). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How much notice does a landlord have to give if not renewing a lease in Indiana?

In Indiana, a landlord must provide at least 30 days' written notice if they do not intend to renew a lease for a month-to-month tenancy. For leases longer than a month, the notice period may vary based on the terms of the lease agreement. It's essential to check the specific lease terms for any additional requirements. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*