Maybe. Your landlord can only keep your security deposit in certain situations. Indiana law explains when and how you can get your deposit back.
- Leave the home in good condition.
- Give your landlord your new mailing address in writing.
- As soon as you move out, send or give your landlord a letter with your address. Use certified mail or hand delivery if possible.
- Date the letter and keep a copy for your records.
If you don’t give your landlord your address in writing:
- They don’t have to send your deposit back.
- They don’t have to explain why they are keeping it.
- You cannot sue to get your deposit.
The address doesn’t have to be where you live, just somewhere you can get mail. Give it as soon as you move out.
Your landlord must send you a letter within 45 days after your lease ends and you move out (unless your lease sets a shorter deadline).
The letter must:
- Return your full deposit, or
- List any deductions and send the rest.
The 45-day deadline only starts once you give your landlord your address in writing.
Yes. Your landlord can send you a partial refund. But they must still send you a letter within the 45-day deadline that lists any deductions.
Indiana law allows landlords to keep all or part of your deposit only for:
- Unpaid rent
- Damage beyond normal wear and tear
- Unpaid utility bills you were required to pay
If your lease says your landlord can keep it for other reasons, that part may not be valid.
If 45 days (or less, if your lease says so) have passed since you moved out and you gave your landlord your address in writing:
- You can sue for the full deposit plus attorney’s fees.
- You can file in small claims court where the rental property is located.
If your landlord misses the deadline, the law assumes there are no damages (except unpaid rent).
- Remove all your belongings.
- Clean thoroughly.
- Take photos and ask witnesses to inspect the home.
- Ask your landlord to walk through with you to agree on any damages.
- Return the keys.
Bring your photos and witnesses if you end up in court.
Not always. If you give your landlord your address in writing, they must still send you a list of deductions.
If they don’t, you can sue for the full deposit.
In eviction cases, damage hearings may be scheduled less than 45 days after you move out. If your landlord waits until then to give you the list, and you disagree with it, you can ask the court for more time to prepare. Always bring photos and witnesses.
No. You can sue in small claims court without a lawyer. But because the law allows attorney’s fees, you may be able to find a lawyer to help you.
Non-criminal, civil legal issues including public benefits such as food stamps, SSI/SSDI terminations, unemployment, land sale contracts, etc.
The application should take about 20 minutes to complete. You will need to answer questions about your income, assets, and household size. Submitting an application does NOT mean that we will accept your case. You should hear from us within about 14 days with a decision on whether we will be able to take your case.
Indiana Legal Services, Inc. (ILS) is a nonprofit law firm and the largest provider of free civil legal assistance to eligible low-income people in Indiana. ILS helps clients who are faced with legal problems that harm their ability to obtain basic needs such as food, shelter, income, medical care or personal safety. ILS also handles cases in other areas including family law where there is domestic violence, housing, consumer law, access to health care, and access to government benefits. ILS does not handle any criminal matters.