The cap is No statewide cap. The return deadline is 45 days after termination of occupancy, with an itemized list of deductions. Interest: No statewide interest requirement. That is what separates Indiana getting a security deposit back from a generic national summary. Read Ind. Code §§ 32-31-3-1 to 32-31-3-19 before the background sections below. Wrongful withholding can support damages including the deposit amount plus attorney fees and, in some cases, additional statutory penalties.
When the deposit must be returned
45 days after termination of occupancy, with an itemized list of deductions
Interest and accounting
No statewide interest requirement.
Penalties for wrongful withholding
Wrongful withholding can support damages including the deposit amount plus attorney fees and, in some cases, additional statutory penalties.
A concrete Indiana scenario
Here is one way the Indiana pieces fit together. Change any fact and the statute may point somewhere else.
A residential tenant moves out of a Indiana rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: No statewide cap.
- Calendar the return deadline: 45 days after termination of occupancy, with an itemized list of deductions
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Wrongful withholding can support damages including the deposit amount plus attorney fees and, in some cases, additional statutory penalties.
Indiana does not cap residential security deposits statewide. Landlords must return the deposit with an itemization within 45 days. Keep move-out documentation. Small claims is the usual remedy.
Practical process for tenants and landlords
Indiana does not cap residential security deposits statewide. Landlords must return the deposit with an itemization within 45 days. Keep move-out documentation. Small claims is the usual remedy.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
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Case law: security deposits in Indiana
Stan KLOTZ, Appellant/Plaintiff, v. Sarah HOYT, Chrissy Kornmann, Appellees/Defendants
…against the landlord and ordered the return of the tenants' security deposit. The landlord brought this appeal, asserting (a) that he established all the requisite elements of his claim for back rent, late fees, damages to the premises, and attorney fees; and (b) that he was not required to return the tenant's damage deposit or provide a notice of damages until the tenants prov…
Indiana opinions such as Stan KLOTZ, Appellant/Plaintiff, v. Sarah HOYT, Chrissy Kornmann, Appellees/Defendants are cited where security deposits is disputed. The court stated: "against the landlord and ordered the return of the tenants' security deposit. The landlord brought this appeal, asserting (a) that he established all the requisite elements of his claim for back rent, late fees, damages to the premises, and attorney fees; and (b) that he was not" That is the language to brief; the rest of the decision supplies the procedural posture.
Steven LAE, Appellant (Plaintiff Below), v. Shane HOUSEHOLDER and Emily Householder, Appellees (Defendants Below)
ON PETITION FOR TRANSFER BOEHM, Justice. The Security Deposits statute requires that a landlord, within forty-five days after termination of a residential lease, supply a written specification of any damages claimed to offset a security deposit. We conclude that a tenant's failure to supply the landlord with a forwarding address before the forty-five-day period h…
Indiana opinions such as Steven LAE, Appellant (Plaintiff Below), v. Shane HOUSEHOLDER and Emily Householder, Appellees (Defendants Below) are cited where security deposits is disputed. The court stated: "ON PETITION FOR TRANSFER BOEHM, Justice. The Security Deposits statute requires that a landlord, within forty-five days after termination of a residential lease, supply a written specification of any damages claimed to offset a security deposit." That is the language to brief; the rest of the decision supplies the procedural posture.
Jim ROBINSON, Appellant-Plaintiff, v. Bruce GAZVODA and Sabrina Gazvoda, Appellees-Defendants
…that Bruce Gazvoda, the landlord, complied with the Indiana security deposit statute. In particular, the tenant argues that there is no evidence in the record to support the trial court's finding that the landlord mailed to him an itemized list of repair costs as required under Indiana Code §§ 32-7-5-12(a) and 82-7-5-14. Because we find that the landlord failed to provide the t…
On security deposits, Jim ROBINSON, Appellant-Plaintiff, v. Bruce GAZVODA and Sabrina Gazvoda, Appellees-Defendants speaks to the Indiana dispute in this passage: "Bruce Gazvoda, the landlord, complied with the Indiana security deposit statute." The surrounding opinion shows how the court applied that language to the record.
William RAIDER and Debbie Raider, Appellants-Defendants, v. David PEA, Appellee-Plaintiff
…enied the Raiders' counterclaim for return of their $800.00 security deposit, attorney's fees and court costs. We affirm. ISSUE The sole issue presented is whether the trial court erred in awarding the Raiders' $300.00 security deposit to Pea when Pea did not mail the Raiders written notice of damages within forty-five days after the Raiders had terminated their occupancy, and…
Indiana opinions such as William RAIDER and Debbie Raider, Appellants-Defendants, v. David PEA, Appellee-Plaintiff are cited where security deposits is disputed. The court stated: "Raiders' counterclaim for return of their $800.00 security deposit, attorney's fees and court costs. We affirm. ISSUE The sole issue presented is whether the trial court erred in awarding the Raiders' $300." That is the language to brief; the rest of the decision supplies the procedural posture.
PINNACLE PROPERTIES, Appellant-Defendant, v. Clayton SAULKA and Nathan Rabideau, Appellees-Plaintiffs
…lord, Pinnacle, after Pinnacle retained the Tenants' entire security deposit following the termination of their occupancy in property owned by Pinnacle. The Tenants sought return of their $2,500.00 security deposit, court costs, and attorney's fees. After a bench trial, the trial court entered judgment in favor of the Tenants. We affirm in part, reverse in part, and remand with…
On security deposits, PINNACLE PROPERTIES, Appellant-Defendant, v. Clayton SAULKA and Nathan Rabideau, Appellees-Plaintiffs speaks to the Indiana dispute in this passage: "Pinnacle, after Pinnacle retained the Tenants' entire security deposit following the termination of their occupancy in property owned by Pinnacle. The Tenants sought return of their $2,500.00 security deposit, court costs, and attorney's fees." The surrounding opinion shows how the court applied that language to the record.
Darryn L. DUCHON and Anthony McIlvenna, Appellants-Plaintiffs, v. Roberta ROSS and John Harris III, Appellees-Defendants
…lectively referred to as Landlords) for the return of their security deposit. We reverse. FACTS The facts most favorable to the nonmov-ing parties (the Landlords) reveal that the Tenants rented a house owned by Harris. They paid a $490 security deposit and leased the house for one year, from March 1, 1990, through February 28, 1991. Almost all of the Tenants' dealings with resp…
Darryn L. DUCHON and Anthony McIlvenna, Appellants-Plaintiffs, v. Roberta ROSS and John Harris III, Appellees-Defendants is worth reading on Indiana security deposits because the court put the point in its own words: "Landlords) for the return of their security deposit. We reverse. FACTS The facts most favorable to the nonmov-ing parties (the Landlords) reveal that the Tenants rented a house owned by Harris." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Maximum deposit: No statewide cap
- Return deadline: 45 days after termination of occupancy, with an itemized list of deductions
- Interest: No statewide interest requirement.
- Penalties: Wrongful withholding can support damages including the deposit amount plus attorney fees and, in some cases, additional statutory penalties.
- Primary authority: Ind. Code §§ 32-31-3-1 to 32-31-3-19.
Deposit limits in Indiana
No statewide cap
Frequently asked questions
How much can a landlord charge for a security deposit in Indiana?
No statewide cap
How long does a landlord have to return my deposit?
45 days after termination of occupancy, with an itemized list of deductions
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support damages including the deposit amount plus attorney fees and, in some cases, additional statutory penalties.
This guide covers Indiana residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.