Indiana Renters: Guide to Filing in Small Claims Court

If you’re a renter in Indiana struggling with unresolved issues—like unreturned security deposits, unpaid repairs, or landlord disagreements—small claims court may offer a straightforward way to assert your rights. This guide breaks down everything you need to know about the Indiana small claims process, designed specifically for renters who aren’t legal experts.

What Can Indiana Renters Use Small Claims Court For?

Small claims court in Indiana is a special branch of the state court system where people can settle disputes involving smaller amounts of money quickly and without a lawyer. As a renter, you might use small claims court to:

• Recover a wrongfully withheld security deposit
• Request compensation for unaddressed property damage or maintenance
• Seek reimbursement for repairs you paid due to landlord negligence
• Resolve monetary disagreements from your lease

In Indiana, you can file most landlord-tenant disputes in small claims court if your claim does not exceed $10,000 (the current limit).¹

Understanding the Indiana Small Claims Court System

Indiana has a dedicated small claims division within its circuit and superior courts, often located in your county courthouse. For disputes involving rental housing, these cases typically fall under county jurisdiction where the rental property is located.

Key legislation: Most landlord-tenant issues are governed by the Indiana Code Title 32, Article 31 – Landlord-Tenant Relations.²

Official Forms for Indiana Renters in Small Claims Court

To start your case, you’ll need to use official court forms. Here are the essentials:

• Notice of Claim (Small Claims Complaint Form)
  • When to use: This is your main form to start a case against your landlord for money owed (like an unreturned deposit).
  • How it works: File with your local county small claims court. Complete all sections—describe the dispute, state the amount you’re claiming, and provide details about your landlord.
  • Indiana Small Claims Forms – Official Source
• Summons
  • When to use: The court typically issues a summons once your claim is accepted, notifying the landlord about the case and your court date.
  • Official Small Claims Summons Form
• Affidavit of Service
  • When to use: To show that the landlord was properly notified of the case, usually completed by the sheriff or process server.

Always use forms from your local court’s website or Indiana Courts’ official court forms library to guarantee accuracy.

Steps to Filing a Small Claims Case as a Renter in Indiana

Successfully filing a claim means following these key steps:

• Gather documentation (lease, receipts, photos, communication)
• Fill out the Notice of Claim and gather copies
• File your forms with the proper small claims court (use the county where the rental is located)
• Pay the filing fee (fees vary by county; check your local court’s site)
• Arrange for service of process so your landlord is officially notified
• Attend the scheduled court date and bring all your evidence

Renter Tips for Indiana Small Claims Court

If English isn’t your first language, or if you need disability accommodations, ask your court clerk about support options when you file.

Who Handles Residential Tenancy Disputes in Indiana?

Indiana does not have a separate residential tenancy tribunal. All rental housing disputes are generally handled by your local circuit or superior court’s small claims division. For a directory, visit the Indiana Courts by County page.

After You File: What Happens Next?

Once your claim is filed and your landlord served, a hearing will be scheduled. Bring evidence such as your lease, emails, letters, and any receipts. The judge will listen to both sides and make a decision, usually the same day or shortly after.

If you win your case, you receive a judgment. You may need to take additional steps if your landlord does not voluntarily pay the amount awarded. Ask the court about next steps for enforcing a judgment.

Indiana Small Claims Court FAQ

1. What is the dollar limit for small claims court in Indiana?
   The maximum claim is $10,000, as set by Indiana law.¹
2. Can I file if my landlord owes me a security deposit?
   Yes, small claims court is commonly used by renters to recover unreturned security deposits if your landlord fails to return all or part after you move out.
3. Do I need a lawyer for small claims court?
   No, most people represent themselves, but you may hire a lawyer if you wish. The process is designed to be renter-friendly.
4. Which official forms do Indiana renters need?
   You’ll need a Notice of Claim form to start the case and possibly others for documentation. Use the Indiana small claims forms library.
5. What if my landlord doesn’t pay after I win?
   If you get a judgment and the landlord doesn’t pay, you may return to court to ask for a garnishment or other methods to enforce payment.

Key Takeaways for Indiana Renters

• Indiana renters can use small claims court for disputes up to $10,000, including deposit and repair claims.
• File with your county’s small claims division and use official forms only.
• Bring thorough documentation and prepare to attend your scheduled court date.

Small claims court is a practical, affordable way to resolve rental disputes if other negotiations haven’t worked.

Need Help? Resources for Renters

• Indiana Judicial Branch – Official Portal
• Indiana Attorney General – Tenant Complaints
• Indiana Legal Services – Free Legal Aid
• Indiana Small Claims Forms
• Indiana Landlord-Tenant Statutes

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1. Indiana Small Claims Court Overview (in.gov)
2. Indiana Code Title 32, Article 31 – Landlord-Tenant Relations

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