If you are renting month-to-month in Indiana and your landlord decides they want you out, they have to give you three months written notice before ending your tenancy. Not 30 days. Not 60 days. Three full months. That is one of the longest month-to-month termination notice requirements of any state in the country — and it cuts both ways. If you want to leave a month-to-month rental in Indiana, you also need to give your landlord three months notice.
Most Indiana renters do not know this. Most landlords do too — or at least hope you do not. It is one of several Indiana-specific rules that can work strongly in a renter's favor when they come up, and it is a good example of how Indiana tenant law rewards renters who actually know what it says.
Indiana is generally considered a landlord-friendly state. There is no rent control, no deposit cap, and the eviction process moves relatively quickly for non-payment cases. But the 2022 legislative session brought meaningful changes — a 45-day deposit return deadline was established, and application fees were banned. Combined with habitability protections that include a legal right to air conditioning, Indiana renters have more legal tools available than most people realize.
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🆕 2022 Indiana Law Changes — Still in Full Effect in 2026
✅ 45-day deposit return deadline established (IC 32-31-3-12) — previously no fixed deadline
✅ Application fees banned — landlords cannot charge fees to screen potential tenants
✅ Ownership transfer notice required — landlords must notify tenants in writing when the property is sold
✅ Itemized deduction statement mandatory — must accompany any deposit deductions within 45 days
Indiana Tenant Rights — Quick Reference
| Topic | Indiana Law 2026 |
|---|---|
| Security deposit cap | No statutory limit |
| Application fees allowed? | No — banned under 2022 law |
| Deposit return deadline | 45 days after vacating (2022 law) |
| Itemized statement required? | Yes — must accompany deposit return |
| Deposit statute of limitations | 2 years from end of lease |
| Air conditioning required? | Yes — habitability standard |
| Repair deadline after notice | Reasonable time (~14 days) |
| Landlord entry notice | Reasonable notice (no fixed statute) |
| Eviction notice — non-payment | 10 days pay or vacate |
| Eviction notice — lease violation | 30 days notice |
| Month-to-month termination | 3 months written notice (both parties) |
| Weekly tenancy termination | 30 days written notice |
| Rent control | None statewide |
| Retaliation protection | Yes — IC 32-31-8-6 |
| Governing law | Indiana Code Title 32, Article 31 |
⚖️ Indiana Law — IC Title 32, Article 31
Indiana's landlord-tenant law is in Indiana Code Title 32, Article 31 — Landlord-Tenant Relations. Key sections: IC 32-31-3 (security deposits), IC 32-31-8 (landlord duties including habitability), IC 32-31-7 (eviction procedures), IC 32-31-5 (lease terms and termination). 2022 amendments added application fee prohibitions and the 45-day deposit return requirement.
The 3-Month Notice Rule — Indiana's Most Surprising Protection
Let's spend a moment on this one because it comes up all the time and catches people off guard on both sides.
Under Indiana Code, to terminate a month-to-month tenancy — meaning either the landlord wants you out or you want to leave — the required written notice is three full months. Not one month. Not two months. Three.
What this means practically: if your landlord gives you a 30-day notice saying your month-to-month tenancy is ending, that notice does not meet Indiana's legal requirement. You are not legally required to leave after 30 days. They need to give you three months. Similarly, if you want to move out of a month-to-month Indiana rental and only give your landlord 30 days notice, you may still owe rent for the remaining two months of the notice period — or your landlord could pursue you for it.
✅ Month-to-month and thinking of moving? Give your landlord written notice three full months in advance — more than most states require, but it protects you from any rent claim for the remaining notice period. If your landlord gives you less than three months notice to vacate, you have the right to stay until the full three months has elapsed.
Security Deposit Rights — The 2022 Changes
Before 2022, Indiana was in the same position as Tennessee — no specific statutory deadline for returning a security deposit. That changed with the 2022 amendments to Indiana Code § 32-31-3-12, which established a clear 45-day return deadline.
After you vacate, your landlord has 45 days to either return your full deposit or provide a written itemized statement of deductions along with any remaining balance. The itemized statement must explain each deduction specifically — vague descriptions like "cleaning and repairs" without specifics may not be sufficient under Indiana's requirements.
Indiana has no statutory cap on how much a landlord can charge as a security deposit. In practice, most Indiana landlords charge one to two months rent. If you are being asked for an unusually large deposit, negotiate — there is no law preventing you from pushing back, and there is also no law preventing a landlord from asking for more than two months.
🚩 45 days passed with no deposit? File a claim in Indiana small claims court. Indiana has a 2-year statute of limitations for deposit claims from the end of the lease — meaning you have up to two years after your lease ends to pursue a wrongful deposit withholding claim. Do not let landlords stall indefinitely hoping you will forget.
Application Fees Are Banned
This is a 2022 change that most Indiana renters and some landlords do not know about. Indiana law now prohibits landlords from charging application fees when screening potential tenants. If a landlord asks you to pay a fee just to apply for an apartment, that fee is not legally permitted. You should not have to spend money just to be considered as a tenant.
If you paid an application fee and were denied — or were approved but later had a dispute with that landlord — the fact that they charged an illegal application fee may be a relevant factor in any subsequent legal dispute.
Air Conditioning — A Legal Requirement in Indiana
Indiana requires landlords to provide working air conditioning as part of a habitable rental unit. This is more than just good practice — it is part of Indiana's habitability standards under IC 32-31-8-5. Indiana summers can push past 90°F with high humidity, making functioning AC a genuine health and safety issue, not a luxury.
If your AC breaks down and your landlord does not address it within a reasonable time after written notice, you have the right to seek repairs and potentially deduct the cost from rent. Document the problem with photos and timestamps, notify your landlord in writing immediately, and give them approximately 14 days to respond before escalating.
Right to a Habitable Home
Indiana landlords must maintain rental properties in compliance with all applicable housing and health codes and keep them fit for human habitation. This means working heat, working plumbing with hot water, functioning electrical systems, a structurally sound building, working smoke detectors, and freedom from pest infestations — in addition to working AC.
If your landlord fails to make required repairs after written notice, Indiana gives them a reasonable time to respond — courts generally interpret this as approximately 14 days for most repairs, less for urgent health and safety issues. If repairs are not made, you have options including repair-and-deduct, rent withholding, and in serious cases lease termination without penalty. Always notify in writing first and keep copies of every communication.
Eviction Laws in Indiana
Indiana's eviction process is relatively streamlined, particularly for non-payment cases. The 10-day notice period for non-payment is shorter than most states, and once the case is filed in small claims court, hearings are typically scheduled within a few weeks.
Notice Periods
For non-payment of rent, your landlord must give you a written 10-day notice to pay all rent owed or vacate. Pay in full within those 10 days and the eviction process stops. For lease violations and holdover tenants — staying after a lease ends without a new agreement — the notice period is 30 days. For criminal activity or serious property damage, landlords can act on a shorter timeline.
An important protection: Indiana law states that landlords cannot evict solely for non-payment of late fees while base rent is paid on time. If you paid your rent but not a late fee, that alone is not sufficient grounds to file for eviction in Indiana.
CARES Act Properties — 30-Day Minimum
If you live in a property that received federal CARES Act assistance — many larger apartment complexes and HUD-assisted properties — you are entitled to a minimum 30-day notice before any eviction filing for non-payment, regardless of what state law says. This federal protection applies even though the rest of the CARES Act's eviction moratorium expired. If you live in a large complex, check whether it is covered.
🚩 Self-Help Eviction is Illegal. Indiana landlords cannot change locks, remove belongings, shut off utilities, or physically remove you without a court order. These are illegal self-help evictions. If your landlord attempts this, call the police, document everything, and contact Indiana Legal Services immediately — you have the right to remain in possession until a court orders otherwise.
Retaliation Protection
Under IC 32-31-8-6, Indiana landlords cannot evict you, raise your rent, or reduce services in retaliation for reporting housing code violations, requesting repairs, or exercising any legal right. If your landlord takes adverse action shortly after protected activity, document the timeline carefully — this evidence is critical in retaliation claims.
Property Ownership Transfer — You Must Be Notified
Under Indiana's 2022 amendments, landlords are now required to notify tenants in writing when ownership of a rental property is being transferred to a new owner. This ensures you know who is responsible for your security deposit and who to contact for repairs when a property changes hands. If your property was sold without written notice to you, the new owner may face complications in any subsequent deposit or habitability dispute.
No Rent Control in Indiana
Indiana has no statewide rent control and does not permit cities or counties to enact rent stabilization. Landlords can raise rent by any amount between lease terms. For the 3-month notice period that applies to month-to-month tenancies, any rent increase would logically require the same advance notice. During a fixed-term lease, rent cannot be raised unless the lease specifically allows it.
Where to Get Help in Indiana
- Indiana Legal Services — indianalegalservices.org — free civil legal help for low-income Indiana renters statewide
- Legal Aid Society of Indianapolis — indylas.org — free legal help for Marion County renters
- Indiana Attorney General Consumer Protection — in.gov/attorneygeneral — landlord complaints and housing resources
- Indiana Courts Self-Help — courts.in.gov/selfservice — free forms for small claims and eviction cases
- Indianapolis Office of Housing — indy.gov/housing — rental assistance and code complaints for Indianapolis
- Fort Wayne Community Development — cityoffortwayne.org — local housing resources and complaints
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Check My Rights Free →Frequently Asked Questions
Indiana tenants are protected under IC Title 32, Article 31. Core rights include a habitable home with working AC, deposit returned within 45 days with itemized deductions, no application fees, 10-day notice before non-payment eviction, 3 months notice to end month-to-month tenancy, retaliation protection, and notification when the property is sold. Indiana has no statewide rent control.
45 days after you vacate — established by a 2022 Indiana law (IC 32-31-3-12). Along with the deposit, they must provide a written itemized statement of any deductions. Indiana has a 2-year statute of limitations for deposit claims from the end of the lease. If 45 days pass with no deposit and no communication, file in Indiana small claims court.
No — a 2022 Indiana law prohibits landlords from charging application fees when screening potential tenants. If a landlord asks you to pay a fee just to apply, that is not legally permitted in Indiana. This helps reduce financial barriers to housing for renters who need to apply to multiple properties before being approved.
Three full months — one of the longest in the country. Both landlords and tenants must give 3 months written notice to end a month-to-month tenancy. If your landlord gives you only 30 days notice on a monthly lease, that does not meet Indiana's legal requirement and you are not required to leave. Weekly tenancies require 30 days notice.
For non-payment: 10-day written notice to pay or vacate. For lease violations/holdover: 30 days. Landlords cannot evict solely for unpaid late fees when base rent is current. CARES Act properties get a 30-day minimum for non-payment regardless of state law. After notice, landlords must file in small claims court — only a court order and officer can physically remove you.
No. Indiana has no statewide rent control and cities cannot enact it. Landlords can raise rent by any amount. The 3-month notice requirement for month-to-month terminations indirectly requires similar advance notice for rent increases in monthly tenancies. During fixed-term leases, rent cannot be raised unless the lease explicitly allows it.
Yes. Indiana's habitability standards require landlords to provide working air conditioning. If your AC breaks and your landlord does not address it within a reasonable time after written notice, you have remedies including repair-and-deduct. Document the failure with photos and timestamps, notify your landlord in writing immediately, and give approximately 14 days before escalating.