How Long Does a Landlord Have to Return a Security Deposit in Indiana?

By the FigureMyTax Editorial Team · How we calculate

An Indiana landlord has 45 days after the rental agreement ends and the tenant delivers possession to mail an itemized list and the refund, and it is not liable until the tenant gives a mailing address in writing. Here is how it works.

What is the Indiana deadline to return a security deposit?

Upon termination of a rental agreement the landlord returns the deposit minus amounts applied to accrued rent, damages and unpaid utility or sewer charges, all itemized in a written notice delivered to the tenant not more than 45 days after termination of the rental agreement and delivery of possession (IC 32-31-3-12(a)). The same 45 days apply to the itemized list the landlord must mail (32-31-3-14). The Indiana security deposit return deadline calculator turns your date into the deadline.

When does the clock start?

When both things have happened: the rental agreement has ended and the tenant has delivered possession. And the landlord “is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice” (32-31-3-12(a)). The Indiana Supreme Court has read that to mean that, if the tenant gives the address after moving out, the landlord has 45 days from when it receives it (Washmuth v. Wiles).

What must the landlord mail?

An itemized list of damages claimed for which the deposit may be used, setting out the estimated cost of repair for each damaged item and the amounts and lease terms on which it intends to charge the tenant, with a check or money order for the difference between the damages claimed and the deposit held (32-31-3-14).

What happens if the landlord is late?

Failure to give the notice of damages is the landlord’s agreement that no damages are due, and it must remit the full security deposit immediately (32-31-3-15). A landlord that fails to comply is liable for the part of the deposit it withheld plus reasonable attorney’s fees and court costs (32-31-3-16), and under section 12(b) the tenant may recover all of the deposit due and reasonable attorney’s fees.

Can a lease change these rights?

No. A waiver of the chapter by a landlord or a tenant is void (32-31-3-17), and cities and counties may not regulate security deposits by ordinance (32-31-1-20). The 45 days are the same everywhere in the state.

What if the building is sold?

The owner at the time of termination is bound by the section (32-31-3-12(d)). A seller that conveys in a good-faith sale to a bona fide purchaser stays liable to the tenant for the deposit for one year after notice of the conveyance unless the buyer assumes the liability and the seller transfers the deposit (32-31-3-19).

A worked example

A tenant moves out and delivers possession on Wednesday, October 28, 2026 and gave a written address that day. The landlord must mail the itemized list and the difference by Saturday, December 12; because the statute does not move a weekend, it should mail by Friday, December 11. If the tenant gives the address only on November 10, the 45 days run from then and end on Friday, December 25. The deposit deadline calculator does the same count for your dates.

A checklist for tenants

Give your address in writing the day you hand back the keys; get a dated receipt for the keys; photograph the unit at move-out; calendar the 45 days; and keep the lease and receipts.

Keep the proof

Keep the lease, the date you delivered possession, your written mailing address with proof you sent it and any list with its envelope.

Frequently asked questions

Official sources

• IC 32-31-3: security deposits
• IC 32-31-1: general provisions
• Indiana Supreme Court: Washmuth v. Wiles

This is general information, not legal advice. It is based on the cited Indiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Indiana attorney.