45 days after move-out | Full deposit forfeiture | Ind. Code §32-31-3-12
Law verified March 1, 2026
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Check My DepositIndiana security deposit law is governed by Ind. Code §32-31-3-12, which sets out the rights and obligations of both landlords and tenants. Under this statute, your landlord has 45 days after you move out to either return your full security deposit or provide a written itemized statement of any deductions - along with the remaining balance.
If your landlord fails to meet this deadline, they forfeit their right to withhold any portion of the deposit under Ind. Code §32-31-3-12. Even charges that would otherwise be legitimate become uncollectable once the window closes - the forfeiture is automatic.
Indiana also requires landlords to provide a written, itemized breakdown of all deductions within the deadline window. A vague entry like “repairs” or “damages” without specific descriptions and dollar amounts is generally insufficient under Ind. Code §32-31-3-12. If no proper itemization was provided on time, the deductions may be invalid regardless of their underlying merit.
Critically, Ind. Code §32-31-3-12 explicitly prohibits landlords from charging for normal wear and tear - the gradual deterioration that results from ordinary, reasonable use of the property. This includes routine repainting, carpet wear from foot traffic, minor wall scuffs, and similar everyday wear. Charges for these items are not legally permitted in Indiana.
The sections below explain each aspect of Indiana deposit law in detail. If you have already received a deduction or no deposit return, our free analysis tool evaluates your specific situation against Ind. Code §32-31-3-12, estimates the maximum modeled recovery, and generates a personalized demand letter.
Deadline
Under Ind. Code §32-31-3-12, your Indiana landlord has 45 days to return your security deposit from the date you move out. This deadline applies regardless of whether your landlord believes deductions are owed. If they want to make deductions, they must still respond within this window with an itemized written statement.
The 45-day clock starts on your move-out date.
Penalty
Under Ind. Code §32-31-3-12, if your Indiana landlord misses the deposit return deadline, they forfeit the right to withhold any portion of your deposit. This means even if some deductions might have been legitimate, a landlord who misses the deadline loses the ability to keep anything. Landlord forfeits right to withhold; tenant recovers full deposit plus attorney fees.
The forfeiture is automatic. No need to prove intent or bad faith. Once the 45-day clock expires, your landlord's right to withhold anything is gone. It doesn't matter if a deduction might have been legitimate before the deadline.
Ind. Code §32-31-3-12
Itemization
Indiana law requires your landlord to provide an itemized written statement of any deductions within the same 45-day window. The statement must list each specific deduction with a corresponding dollar amount. A vague statement like "cleaning and repairs: $400" is generally insufficient; line items are required.
Legal Reference
Wear & Tear ProtectedQuestions
Your Indiana landlord has 45 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Ind. Code §32-31-3-12.
If your landlord misses the 45-day deadline, they forfeit the right to withhold any portion of your deposit under Ind. Code §32-31-3-12, even deductions that might otherwise have been valid.
No. Indiana law under Ind. Code §32-31-3-12 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
Indiana small claims court handles disputes up to $10,000. Most security deposit cases fall well within this limit. No attorney is required, and filing fees are typically $30–$75. Cases are usually heard within 4–8 weeks of filing.
The statute of limitations for security deposit claims in Indiana is 10 years from the date of the violation. Don't wait. Gather documentation and act promptly. After the statute of limitations expires, you lose your legal right to recover the deposit.
Indiana landlords must provide a written, itemized statement listing each deduction with a specific dollar amount. Vague descriptions like "repairs: $500" are generally insufficient; the statement should identify what was repaired and why. This itemization must be provided within 45 days.
| State | Deadline | Penalty | Small Claims |
|---|---|---|---|
IndianaYou | 45 days | Forfeiture | $10,000 |
| 45 days | 3× | $10,000 | |
| 30 days | 2× | $7,000 | |
| 30 days | Forfeiture | $6,500 | |
| 21 days | 3× | $12,500 | |
| 30 days | 3× | $20,000 |
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