How do I get my security deposit back in Indiana if my landlord is withholding it?
Under Indiana law, when a tenancy ends the landlord must either return the tenant's security deposit or provide an itemized list of claimed damages and any money owed within a set time. If the landlord does not give the required notice or fails to comply with the statutory rules, the tenant may be entitled to recover the deposit and may be able to recover attorney's fees and court costs. Courts hearing these disputes include small claims courts.
Whether a landlord can keep part of a deposit depends on the permitted uses (rent in arrears, actual damages beyond normal wear and tear, and unpaid utility charges) and on whether the landlord followed the statute's notice and timing rules. Failure to follow the rules can limit the landlord's ability to withhold any portion of the deposit and may create liability to the tenant for the withheld amount plus fees and costs.
Current Indiana law
Every answer cites the statute
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The deadline that matters
Landlord must deliver the written, itemized notice and any check not more than 45 days after termination and delivery of possession.
What Indiana law says
The statute requires a landlord to return the security deposit minus permissible deductions and to deliver an itemized written notice of deductions not more than forty-five (45) days after termination and delivery of possession, and only after the tenant gives a written mailing address to the landlord, under Ind. Code § 32-31-3-12. A separate provision requires the landlord to mail an itemized list of claimed damages with repair cost estimates and a check for any difference under Ind. Code § 32-31-3-14. Failure to provide the notice described in section 14 constitutes agreement that no damages are due and requires immediate remittance of the full deposit under Ind. Code § 32-31-3-15. A landlord who fails to comply with these notice provisions is liable for the part of the deposit withheld plus reasonable attorney's fees and court costs under Ind. Code § 32-31-3-16. The rental deposit rules cannot be waived by the parties under Ind. Code § 32-31-3-17. Small claims and other trial courts have jurisdiction over claims under this chapter, see Ind. Code § 32-31-3-11. Case law clarifies that untimely or inadequate damage notices generally preclude the landlord from claiming physical-damage deductions but do not always preclude claims for unpaid rent and similar losses, see Klotz v. Hoyt.
What to do
A common first step is to send a written demand to the landlord asking for the full deposit and citing the landlord's 45-day notice duty.
A common option is to gather move-in photos, the lease, receipts for repairs, and the tenant's forwarding address to support a claim.
A common next step is to request the landlord's itemized damage list and any refund check the statute requires.
A common step is to prepare to file in small claims court if the landlord does not comply, since small claims courts have jurisdiction over deposit disputes.
A common option is to keep copies of all written communications and proof of mailing or delivery for use in court.
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Common questions
What can a landlord legally use my security deposit for?
The deposit may be used to pay unpaid rent, reimburse the landlord for actual damages beyond normal wear and tear, and pay unpaid utility or sewer charges the tenant agreed to pay, as described in the statutory rules and related case law under Ind. Code § 32-31-3-12.
What happens if the landlord does not send an itemized damage list?
If the landlord fails to provide the required notice under section 14, the landlord is treated as agreeing that no damages are due and must remit the full security deposit, per Ind. Code § 32-31-3-15.
Can I sue in small claims court for a withheld deposit?
Yes, claims under the deposit statutes may be filed in small claims court or other trial courts with original jurisdiction under Ind. Code § 32-31-3-11.
If the landlord violates the notice rules, can they still collect unpaid rent?
Case law indicates that a landlord's untimely or inadequate damage notice generally limits the landlord's claim for physical damage deductions, but it may not bar recovery for unpaid rent and similar losses, see Klotz v. Hoyt.
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This page provides legal information only, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
