Indiana Security Deposit Return: The 45-Day Deadline (2026)

How long a landlord has to return your deposit, and what you can claim if they miss it

At a glance

Return deadline: 45 days after vacating
Measured from: Termination of the rental agreement AND delivery of possession (and the tenant supplying a written mailing address)
Penalty for late or wrongful withholding: no statutory multiplier
Deposit cap: No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
Small claims cap: $10,000

Who this covers — and who it does not

This page covers residential security deposits in Indiana, where a landlord has kept some or all of a deposit after a tenancy ends.

It does not cover:

Commercial leases
Deposits held in an escrow account or with a third party
Disputes about damage charges in an ongoing (not ended) tenancy
Any state other than Indiana

Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.

What the statute actually says

45days

Measured from Termination of the rental agreement AND delivery of possession (and the tenant supplying a written mailing address).

The landlord must return the deposit, minus itemized lawful deductions, within 45 days after termination of the rental agreement and delivery of possession. The 45-day clock does NOT run until the tenant supplies the landlord, in writing, a mailing address to which to deliver the notice and amount.

Ind. Code § 32-31-3-12(a) ↗

Penalties

No statutory penalty beyond returning the deposit.

Indiana has NO 2x or 3x multiplier. The remedy is full recovery plus fees: if the landlord fails to return the deposit or provide the itemized statement within 45 days (after the tenant supplied a written mailing address), the tenant may recover ALL of the security deposit due plus reasonable attorney fees. Separately, § 32-31-3-15 provides that a landlord who fails to provide the itemized notice is deemed to have agreed no damages are due, requiring return of the full deposit.
Ind. Code § 32-31-3-12(b) ↗
The tenant may recover the landlord's attorney fees.

Attorney fees are recoverable by statute: § 32-31-3-12(b) entitles a tenant to "reasonable attorney's fees" upon the landlord's failure to comply. No separate bad-faith finding is required.
Ind. Code § 32-31-3-12(b) ↗

Working out your own deadline

The clock does not start on the day you decided to leave. In Indiana it starts Termination of the rental agreement AND delivery of possession (and the tenant supplying a written mailing address) — for most leases that is the date you hand back the keys, not the date your notice period began.

Find the date you vacated and returned the keys. Write it down; everything else depends on it.
Add 45 calendar days. Count calendar days, not business days.
If the landlord has provided a forwarding address, check the statute for whether the deadline is shortened — in some states it is.
Note the date the deadline falls on. If the deposit has not arrived by then, the clock for the penalty starts running.

Common landlord defences and how to answer them

““You never gave me a forwarding address.””

You are correct that the clock does not run until I supply a written mailing address — so here is my address, in writing, effective now. Once provided, the 45-day deadline to itemize and return my deposit runs from termination and delivery of possession.

Ind. Code § 32-31-3-12(a)

““I deducted for cleaning and damages.””

You must itemize any deduction in a written notice within 45 days. If you did not provide that itemized statement, Indiana law deems you to have agreed that no damages are owed, and I am entitled to the full deposit back.

Ind. Code § 32-31-3-12(a), § 32-31-3-15

““I will keep the deposit and you can sue me.””

If you fail to return the deposit or provide the itemized statement within 45 days, I may recover the entire deposit plus reasonable attorney fees under § 32-31-3-12(b).

Ind. Code § 32-31-3-12(b)

Sources and how to verify them

Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.

Statute	Last verified	Source
Ind. Code § 32-31-3-12(a)	2026-10-15	official text ↗
Ind. Code § 32-31-3-12(b)	2026-10-15	official text ↗
Ind. Code § 32-31-3-12	2026-10-15	official text ↗
Ind. Code § 32-31-3-15	2026-10-15	official text ↗

Primary reference: Ind. Code §§ 32-31-3-12 to 32-31-3-16 (Security Deposits). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

You have received an eviction notice — the timeline is now court-driven
The dispute involves discrimination, unsafe conditions or retaliation
The amount in dispute exceeds $10,000
Your landlord has filed anything in court already

Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.

More Indiana guides

Indiana Security Deposit Rules

→ All Indiana tenant rights topics

Common questions

How long does a landlord have to return a security deposit in Indiana?

45 days, counted from Termination of the rental agreement AND delivery of possession (and the tenant supplying a written mailing address). Ind. Code § 32-31-3-12(a).

Can I claim more than my deposit back in Indiana?

The statute cited for Indiana does not provide a penalty multiplier beyond returning the deposit and any lawful deductions.

Does the 45-day deadline in Indiana start when I give notice or when I move out?

It runs from Termination of the rental agreement AND delivery of possession (and the tenant supplying a written mailing address) — the date you vacated and returned the keys, not the date your notice period began.

Do I need a lawyer to file a deposit claim in Indiana?

No — Indiana small claims courts handle money claims up to $10,000 (the Marion County limit may be higher). The proceeding is designed for self-represented litigants; attorney representation is permitted but not required.