What Indiana requires
- When the landlord delivers the rental unit, the landlord requires the tenant to acknowledge in writing that it is equipped with a functional smoke detectorIndiana Code 32-31-5-7 (a)
- A dwelling has at least one functional smoke detector outside each sleeping area near the bedrooms and on each additional story, including basements; the owner or their manager or rental agent installs required detectors and repairs or replaces one within 7 working days after written noticeIndiana Code 22-11-18-3.5 (c) and (e)
- During the tenancy the tenant keeps each smoke detector functional, replaces batteries as needed, and gives the landlord notice if a hard-wired detector stops workingIndiana Code 32-31-7-5 (6)
- At the end of occupancy the tenant delivers the premises clean and in proper condition, excepting ordinary wear and tear expected in the normal course of habitationIndiana Code 32-31-7-6
- Not more than 45 days after occupancy ends, the landlord mails the tenant an itemized list of damages claimed, with the estimated cost of repair for each damaged item, and a check or money order for the rest of the depositIndiana Code 32-31-3-14 and 32-31-3-12 (a)
- The landlord is not liable under the deposit rules until the tenant gives a mailing address in writing for the notice and refundIndiana Code 32-31-3-12 (a)
- The deposit may be used only for actual damage to the unit or its facilities that is not ordinary wear and tear, rent owed, the last rent payment where a written agreement says so, and the tenant's unpaid utility or sewer charges the landlord paidIndiana Code 32-31-3-13
- Not sending the notice of damages counts as the landlord agreeing that no damages are due, and the full deposit must be returned immediatelyIndiana Code 32-31-3-15
- A landlord who does not follow these rules is liable for the part of the deposit withheld plus reasonable attorney's fees and court costs; a waiver of these rules by either side is voidIndiana Code 32-31-3-16 and 32-31-3-17
Smoke detectors at move-in
When the landlord delivers the unit, the landlord has the tenant acknowledge in writing that it is equipped with a functional smoke detector. A move-in report that records each detector and ends with that acknowledgment above the tenant's signature does the job in the same document.
The building code side sets where detectors go: at least one functional detector outside each sleeping area near the bedrooms and on each additional story, including basements. The owner or their manager or rental agent installs them and repairs or replaces one within 7 working days of written notice; during the tenancy the tenant keeps them working and changes batteries.
Condition at move-out
When occupancy ends, the tenant hands the premises back clean and in proper condition, excepting ordinary wear and tear expected in the normal course of habitation. The deposit may cover actual damage that is not ordinary wear and tear, rent owed, the last rent payment where a written agreement says so, and utility or sewer charges the landlord paid for the tenant.
Comparing a move-out report with the move-in one, room by room, is how that line between wear and damage gets drawn.
The 45-day itemized list
Not more than 45 days after occupancy ends, the landlord mails an itemized list of damages claimed, with the estimated cost of repair for each damaged item, together with a check or money order for the rest of the deposit. The landlord is not liable under these rules until the tenant gives a mailing address in writing.
Without the list, the law treats the landlord as agreeing that no damages are due, and the full deposit is returned immediately. A landlord who does not follow the rules owes the part of the deposit withheld plus reasonable attorney's fees and court costs, and neither side can waive them.
From walkthrough notes to a finished Indiana report
At move-in, note each room and every smoke detector you checked. ReportDraft writes a room-by-room report with the detectors as their own items and ends with the smoke detector acknowledgment for the tenant to sign alongside the landlord or agent.
At move-out, note each damaged item and any repair estimate. The report lists them one by one, ready to carry onto the itemized list of damages.
Common mistakes
- Handing over the keys without the tenant's written acknowledgment of a functional smoke detector.
- Mailing the list of damages more than 45 days after occupancy ends.
- Listing damage without the estimated repair cost of each item.
- Charging the deposit for ordinary wear and tear from normal habitation.
- Keeping the deposit when no list was sent, which counts as agreeing that no damages are due.
Sources
- Indiana Code 32-31-5-7 (a), checked October 9, 2026
- Indiana Code 22-11-18-3.5 (c) and (e), checked October 9, 2026
- Indiana Code 32-31-7-5 (6), checked October 9, 2026
- Indiana Code 32-31-7-6, checked October 9, 2026
- Indiana Code 32-31-3-14 and 32-31-3-12 (a), checked October 9, 2026
- Indiana Code 32-31-3-12 (a), checked October 9, 2026
- Indiana Code 32-31-3-13, checked October 9, 2026
- Indiana Code 32-31-3-15, checked October 9, 2026
- Indiana Code 32-31-3-16 and 32-31-3-17, checked October 9, 2026
Last reviewed October 9, 2026. Next review due January 9, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.