Indiana landlord-tenant law at a glance
Indiana’s rules for residential landlords sit mainly in Indiana Code Title 32, Article 31: chapter 1 for notices and general rules, chapter 3 for security deposits and chapter 5 for the duties of landlords and tenants. The table pulls the main ones together.
| Rule | Indiana law | Section |
|---|---|---|
| Ending a month-to-month tenancy | Notice equal to one rent period, so one month | IC 32-31-1-4(b) |
| Ending a tenancy at will | One month’s written notice | IC 32-31-1-1 |
| Unpaid rent | At least 10 days’ notice before ending the lease, unless the lease says otherwise or the tenant pays in full | IC 32-31-1-6 |
| Security deposit cap | None | IC 32-31-3 |
| Deposit return | 45 days after the lease ends and possession is returned, with an itemized list | IC 32-31-3-12 |
| Late fees | No state cap found; set by the lease. Cities may not regulate landlord fees | IC 32-31-1-20 |
| Entry notice | Reasonable written or oral notice, at reasonable times; none needed in an emergency | IC 32-31-5-6 |
| Rent control | Local units may not regulate rents | IC 32-31-1-20 |
How much notice does a landlord have to give in Indiana?
One month for a month-to-month tenant. IC 32-31-1-4(b) says that for a periodic tenancy of three months or less, notice equal to the interval between rent periods is enough to end it. A tenancy from month to month therefore ends on a month’s notice, and a week-to-week tenancy on a week’s notice.
Indiana also treats any general occupancy with the landlord’s express or implied consent as a month-to-month tenancy under IC 32-31-1-2, so a tenant who stays on after a lease ends with your permission is usually on a monthly tenancy. A fixed-term lease runs to its end date and needs no notice unless the lease requires one, so read the renewal clause before you plan around a lease expiration.
Put every notice in writing even where the statute does not demand it, and keep proof of how and when it was delivered.
The 10-day notice for unpaid rent
When rent is not paid, IC 32-31-1-6 lets an Indiana landlord end the lease with at least 10 days’ notice to the tenant. Two things stop the notice from taking effect: a lease that sets different terms, or the tenant paying the full rent due before the 10 days run out.
The 10 days are a minimum, and the notice should say plainly how much is owed and the date the tenancy will end if it is not paid. If the tenant pays in full within the period, the notice has done its job and the lease continues. If not, you can file for possession.
Indiana security deposit law
Indiana sets no maximum deposit. The rules in IC 32-31-3 control what you may deduct and how fast you must account for it.
After the lease ends and the tenant hands back possession, you have 45 days to return the deposit, minus accrued rent, damages you suffered because the tenant broke the lease and unpaid utility or sewer charges the tenant owed, with an itemized written notice of each deduction. The clock and your liability start only once the tenant gives you a mailing address in writing, under IC 32-31-3-12.
Missing the rules is expensive. A landlord who fails to send the itemized notice in time can be ordered to return the full deposit, and under IC 32-31-3-16 a landlord who does not comply owes the amount wrongfully withheld plus the tenant’s reasonable attorney’s fees and court costs. Use a move-in condition report and photos so you can support each deduction.
Can a landlord enter without notice in Indiana?
Only in an emergency that threatens the safety of the occupants or the property. Otherwise IC 32-31-5-6 requires the landlord to give the tenant reasonable written or oral notice of the intent to enter, and to enter only at reasonable times.
The statute does not set a number of hours. A 24-hour standard written into the lease gives both sides a clear rule and makes "reasonable" easier to show. Keep a log of entry notices, especially during a sale, when buyers, lenders and inspectors may need to walk units on short schedules.
The eviction process in Indiana
An Indiana eviction is a court action for possession of the rental unit, filed in the court for the county where the property sits. Before filing for nonpayment, serve the 10-day notice. If you ask the court for possession before a final judgment, the court issues an order to show cause, and under IC 32-30-3-2 the hearing on it can be held no earlier than five business days after the tenant is served.
If you win, the court enters judgment for possession and sets out how the tenant must leave. How long the whole process takes depends on the county’s docket and whether the tenant contests, so leave room in any sale timeline that needs vacant units.
- Serve a written 10-day notice for unpaid rent, or the notice your lease requires for other breaches.
- File the complaint for possession and any damages in the right county court.
- Attend the hearing with the lease, the rent ledger and proof the notice was served.
- If the court rules for you, follow its order for the move-out.
- Do not change locks or shut off utilities to force a tenant out; wait for the court order.
Does Indiana have rent control?
No. IC 32-31-1-20 says a local unit may not regulate rental rates for privately owned real property, through a zoning ordinance or otherwise, unless the General Assembly authorizes it. No Indiana city, county or town can adopt rent control or rent stabilization for private apartments.
The same section reaches further than rent. It bars local rules on how landlords screen and approve applicants, security deposits, lease application forms, the contract terms of a tenancy, required disclosures, the parties’ lease rights and the fees a landlord charges, and it makes any ordinance that breaks the rule void. The one exception covers property that received government funds or benefits for the express purpose of reducing rents for low- or moderate-income tenants. If your building has that kind of financing, its regulatory agreement controls rents and will bind a buyer.
Selling an Indiana apartment building with tenants in place
Leases survive a sale. The buyer steps into your place as landlord on the same lease terms, and Indiana does not require tenants to consent or attorn to the new owner: IC 32-31-1-10 makes the conveyance valid without it. Rent a tenant paid to you before learning of the sale counts against the buyer, so prorate rent carefully at closing.
Deposits need attention. Under IC 32-31-3-19, once the tenant has written notice of the sale you are released from liability for events after that notice, but you stay liable for the tenant’s deposit for one year unless the buyer notifies the tenant that it has assumed that liability and you transfer the deposit to the buyer at closing. Build both steps into the purchase contract, and send tenants a joint letter naming the new owner and where to pay rent.
- Deliver a rent roll, every lease and the deposit ledger to the buyer.
- Transfer the deposits at closing and get the buyer’s written assumption to tenants.
- Send each tenant written notice of the sale and the new payment address.
Indiana landlord-tenant law changes in 2025 and 2026
Indiana passed several eviction-related laws in 2025, all effective July 1, 2025, according to the Indiana courts’ legislative update.
House Enrolled Act 1115 (P.L. 157-2025) lets a landlord petition for an emergency possessory order in certain cases and requires a court to order a tenant to return possession if it finds, by a preponderance of the evidence, that the tenant or a guest committed a qualifying crime. Senate Enrolled Act 142 (P.L. 128-2025) lets a court order, on its own motion or the tenant’s, that certain eviction records not be disclosed, in some cases without a hearing. For a buyer, that means tenant screening reports may show fewer past evictions than before.
We did not find 2026 changes to the core notice, deposit or entry sections covered here. Check the current Indiana Code before you rely on a specific rule.
Selling to Skyline
Skyline buys apartment buildings with five or more units in Indiana, fully leased or in the middle of turnover. We buy directly, close on your timeline, and can work inside 1031 deadlines. We assume the leases and take the deposits at closing with the tenant notices Indiana law calls for, so you are not left holding deposit liability after the sale.
For the tax on a sale, see Indiana capital gains tax on real estate, and for the yearly tax a buyer will model, the property tax rate in Indiana.
