Indiana Landlord-Tenant Laws: A 2026 Guide for Landlords and Tenants

Indiana's rental relationships are governed primarily by the landlord-tenant provisions of Title 32, Article 31 of the Indiana Code, first codified in 2002 and amended many times since. This guide summarizes the Code's core rules on security deposits, rent, entry notice, landlord and tenant duties, disclosures, retaliation, and eviction, plus Indiana's general adverse possession doctrine as it applies to squatters, with links to the primary Indiana Code sections for each point.

This guide is not comprehensive, is not legal advice, and does not warrant the accuracy of third-party information. Indiana statutes change, and local governments may still regulate general housing health and safety even though the Code preempts local regulation of rental rates and most other aspects of the landlord-tenant relationship. If you are dealing with a landlord-tenant dispute, consult a qualified Indiana attorney.

Where Indiana's Landlord-Tenant Rules Come From

Indiana's core landlord-tenant statutes are:

• Ind. Code §§ 32-31-1 to -11 — the Landlord-Tenant Relations article (Title 32, Article 31), covering general provisions and notice, security deposits, rental agreements and right of access, tenant obligations, landlord obligations, retaliation, victims of certain crimes, and residential eviction actions.

• Ind. Code §§ 32-21-7-1, -7-2 — Indiana's general adverse possession statute, which applies to true squatters who were never tenants.

• Indiana General Assembly — Indiana Code, Title 32 (Property), the official source for the current text of every section cited in this guide.

Indiana Security Deposit Rules

Indiana has no statute capping the amount of a security deposit, requiring it to earn interest, requiring it to be held in a separate account, or requiring a landlord to issue a receipt for it. A landlord may not require, but may accept, a lien on a tenant's motor vehicle as a security deposit or to secure rent payment, provided the landlord files the lien and otherwise complies with the security-deposit statute (Ind. Code § 32-31-3-13.5).

A landlord may use a security deposit only to reimburse actual damages beyond ordinary wear and tear, to cover unpaid rent (including rent due for a tenant's premature termination), as a last month's rent payment if the parties agreed to that in writing, or to reimburse unpaid utility or sewer charges the tenant owed under the lease (§ 32-31-3-13).

Not more than 45 days after the tenant's occupancy ends, the landlord must mail the tenant an itemized list of any damages claimed against the deposit, including the estimated repair cost for each item, along with a check or money order for the remaining balance (§ 32-31-3-14). A landlord who misses this 45-day deadline is treated as having agreed that no damages are due and must immediately return the entire deposit (§ 32-31-3-15). A landlord who fails to comply with either requirement is liable to the tenant for the amount withheld plus reasonable attorney's fees and court costs (§ 32-31-3-16).

Rent, Fees, and Rental Agreement Terms

Indiana has no rent control law, and a unit of local government may not regulate rental rates, security deposits, lease applications, leasing terms, required disclosures, tenant rights, or landlord fees unless the Indiana General Assembly has specifically authorized it (Ind. Code § 32-31-1-20). Indiana's landlord-tenant statute does not set a due date for rent, require a particular payment method, cap late fees or application fees, or require a grace period before a late fee applies.

A landlord must give a tenant at least 30 days' written notice before modifying the rental agreement, unless the parties' written agreement provides otherwise (Ind. Code § 32-31-5-4).

When Can a Landlord Enter the Rental Unit?

A tenant may not unreasonably withhold consent for the landlord to enter to inspect the unit, make agreed or necessary repairs, supply agreed services, or show the unit to a prospective purchaser, mortgagee, tenant, worker, or contractor (Ind. Code § 32-31-5-6(e)). The landlord must give the tenant reasonable written or oral notice of intent to enter and may enter only at reasonable times, and may never abuse the right of entry or use it to harass a tenant (§ 32-31-5-6(g)). A landlord may enter without notice in an emergency threatening the safety of occupants or the landlord's property, and without the tenant's consent under a court order or if the tenant has abandoned or surrendered the unit (§ 32-31-5-6(f)).

Outside a court order, a landlord may not deny or interfere with a tenant's access to or possession of the unit by changing the locks, adding a device to exclude the tenant, removing doors, windows, fixtures, or appliances, or interrupting, reducing, or shutting off electricity, gas, water, or other essential services (§ 32-31-5-6(c)). A tenant likewise may not cut off these services if doing so would seriously damage the rental unit (§ 32-31-5-6(d)).

Landlord and Tenant Duties Under Indiana Law

Under Ind. Code § 32-31-8-5, a landlord must deliver the premises in compliance with the rental agreement and in a safe, clean, and habitable condition; comply with applicable health and housing codes; make reasonable efforts to keep common areas clean and proper; and provide and maintain electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems, elevators (if provided), and appliances supplied as an inducement to the lease, in good and safe working condition.

Under Ind. Code § 32-31-7-5, a tenant must comply with health and housing codes that apply to tenants, keep the tenant's part of the premises reasonably clean, use electrical, plumbing, sanitary, heating, and other systems and appliances in a reasonable manner, avoid damaging or removing any part of the premises, comply with reasonable rules in the rental agreement, and keep each smoke detector in the unit functional and undisabled, including replacing batteries as needed.

Required Landlord Disclosures in Indiana

A landlord (or a person authorized to enter into a rental agreement on the landlord's behalf) must disclose to the tenant in writing, at or before the start of the rental agreement, the names and addresses of a person residing in Indiana authorized to manage the unit, and a person residing in Indiana who is reasonably accessible to the tenant and authorized to accept service of process and to receive notices and demands on the owner's behalf (Ind. Code § 32-31-3-18). A person who fails to make this disclosure becomes the landlord's agent for receiving process and notices and for performing the landlord's duties, and the tenant may recover expenses reasonably incurred to discover the required names and addresses.

Separately, federal law requires a landlord renting housing built before 1978 to disclose known lead-based paint hazards, provide any available records, and give tenants an EPA-approved lead hazard information pamphlet before the lease is signed (42 U.S.C. § 4852d).

Enforcing Landlord and Tenant Obligations in Court

If a landlord fails to meet its obligations, a tenant may sue to enforce them, but generally only after giving the landlord notice of the noncompliance and a reasonable amount of time to make repairs or otherwise remedy the condition; a prevailing tenant may recover actual and consequential damages, attorney's fees and court costs, injunctive relief, or another appropriate remedy (Ind. Code § 32-31-8-6). Indiana law does not allow a tenant to withhold rent as a remedy in place of this process.

Similarly, a landlord may sue to enforce a tenant's obligations, generally only after giving the tenant notice of the noncompliance and a reasonable amount of time to remedy it (or, if the noncompliance caused physical damage the landlord has already repaired, after giving notice of the repairs and their cost); a prevailing landlord may recover actual damages, attorney's fees and court costs, injunctive relief, or another appropriate remedy (Ind. Code § 32-31-7-7).

Retaliation Protections

A landlord may not take a retaliatory act against a tenant for engaging in a protected activity, such as complaining about a health or safety violation (Ind. Code § 32-31-8.5-5). This does not stop a landlord from declining to renew a lease at the end of its term, raising rent to a comparable market rate, or reducing services on an equal basis to all tenants. A landlord may still pursue an eviction or possession action if, among other things, the tenant (or a household member, guest, or invitee) caused the underlying violation, the tenant is behind on rent under § 32-31-1-6 or the lease, the landlord's action began in good faith before the protected activity, or the tenant is holding over after a definite lease term expires.

Indiana Eviction Laws

For nonpayment of rent, a landlord may terminate the lease with not less than 10 days' written notice, unless the parties agreed otherwise or the tenant pays the rent in full before the notice period expires (Ind. Code § 32-31-1-6). The statute provides a model notice-to-quit form for this purpose (§ 32-31-1-7). For other tenant noncompliance with the rental agreement, a landlord's court remedy under § 32-31-7-7 requires only that the tenant first be given notice and a reasonable amount of time to fix the problem — the statute does not set a specific number of days.

Notice to terminate is not required at all when the landlord and tenant agreed to rent for a specified period that has lapsed, when the length of the tenancy is stated in the lease, when a tenant at will commits waste, when the tenant is a tenant at sufferance (holding over without consent), when the lease requires rent in advance and the tenant refuses to pay it, or when no landlord-tenant relationship exists (Ind. Code § 32-31-1-8).

To end a tenancy at will, a landlord or tenant must give one month's written notice (§ 32-31-1-1). A general tenancy occupied with the landlord's express or constructive consent is a month-to-month tenancy (§ 32-31-1-2), and a periodic tenancy of three months or less may be ended with notice equal to the interval between rental periods (§ 32-31-1-4). A year-to-year tenancy may be ended with notice given at least three months before the end of the year (§ 32-31-1-3). Notice under these sections may be served on the tenant personally, on another resident if the tenant cannot be found, or by posting it conspicuously on the premises if no one is found there (§ 32-31-1-9).

Self-help eviction is illegal at every stage: a landlord may not change locks, remove doors, windows, fixtures, or appliances, or interrupt essential services to force a tenant out without a court order (§ 32-31-5-6(c)).

The Eviction Court Process

If a tenant does not vacate after a valid notice, a landlord recovers possession by filing suit — typically in small claims court, or in circuit or superior court for larger or more complex disputes. As of 2026, Indiana small claims courts generally hear cases seeking $10,000 or less (Indiana Office of Court Services — Small Claims Manual). Some Indiana courts also offer a voluntary residential eviction diversion program or landlord-tenant settlement conference; participation cannot be made mandatory for either party (Ind. Code § 32-31-10-5; Indiana Judicial Branch — Help with Housing).

Squatters and Adverse Possession in Indiana

Indiana has no separate anti-squatting statute. A person occupying property without permission can acquire title only under the state's general adverse possession law, which requires at least 10 years of continuous, hostile, open, and exclusive possession, and additionally requires the possessor to pay, in good faith, all property taxes and special assessments reasonably believed due on the property throughout that period (Ind. Code § 32-21-7-1). Property owned by the state or a political subdivision cannot be acquired by adverse possession, and no adverse possession action may be brought against a political subdivision based on possession occurring after June 30, 1998 (§ 32-21-7-2). A property owner cannot lawfully remove an occupant — squatter or tenant — without going through the courts; self-help removal exposes the owner to civil liability.

Where to Get Help

• Indiana General Assembly — Indiana Code

• Indiana Judicial Branch — Self-Service Legal Center

• Indiana Judicial Branch — Help with Housing

• Indiana Legal Services

This article is provided by PayRent for general informational purposes and is not legal advice. Indiana laws change, and how they apply can depend on your specific circumstances — always confirm current requirements with the official Indiana Code or a licensed attorney before acting. Learn more about how PayRent helps landlords track rent, security deposits, and lease compliance at payrent.com.