Can I get my security deposit back if I refuse to move in?

If you refuse to move in due to serious, documented habitability issues, you may be entitled to a refund of your security deposit.

Is a move-in inspection required by law in Indiana?

No, a move-in inspection is not required by law, but it is highly recommended for your records.

What if my landlord failed to provide lead paint disclosures?

If required disclosures were not provided for properties built before 1978, you may be able to break the lease and refuse to move in.

Where can I file a complaint about unsafe conditions?

Contact your local small claims court or the Indiana Attorney General’s Consumer Protection Division for help.

Refusing to Move In After Inspection in Indiana: Your Rights

Moving In: Inspections & Disclosures Indiana published: June 21, 2025

If you're preparing to move into a rental unit in Indiana, you have the right to inspect your new home before accepting the keys. In certain situations, you may choose to refuse to move in after this inspection. Understanding your options and legal rights as a renter can help you avoid disputes, protect your health and safety, and make informed decisions.

Understanding Your Move-In Inspection Rights in Indiana

Indiana law gives renters the right to a safe and habitable rental unit. Before moving in, you are typically allowed to perform a walkthrough or move-in inspection with your landlord. While Indiana doesn't require a specific move-in checklist form statewide, many landlords provide one for both parties to agree on the unit's condition. If the landlord refuses an inspection or blocks your attempt to accurately record the unit’s state, this could be a red flag.

Key Legal Requirements and Disclosures

Habitable Condition: By law, all Indiana rentals must be safe, clean, and fit to live in at the start of the lease (Indiana Code § 32-31-8).
Lead Paint Disclosure: If the property was built before 1978, landlords must provide an EPA Lead-Based Paint Disclosure form and a pamphlet on lead hazards.
Disclosure of Unsafe Conditions: Landlords must not misrepresent or conceal serious safety or health hazards.

If you spot conditions that pose a risk to your safety or fundamental health during your inspection, you may have grounds to delay or refuse moving in until repairs are completed.

Legitimate Reasons to Refuse to Move In

Indiana law supports tenants who refuse to move in due to substantial problems. Here are common legal reasons:

Presence of hazardous materials (e.g., lead paint, mold) not disclosed by the landlord.
Major structural issues compromising safety (severe leak, broken heating, unsound floors, lack of hot water).
Severe pest infestations present at the start of the lease.
The rental does not comply with the terms outlined in the signed lease (e.g., size, appliances, promised repairs).

If you refuse to move in, document issues with detailed photos and written descriptions, and notify your landlord in writing, referencing the problem areas. Indiana law does not specifically require a particular form to refuse occupancy, but communication should be in writing for your protection.

Required Official Forms and How to Use Them

EPA Lead-Based Paint Disclosure (Form EPA-747-K-99-001): Required for properties built before 1978. Landlords must provide this at lease signing. If your landlord fails to disclose and you discover lead-based paint hazards during inspection, you can lawfully refuse to move in. Download from the EPA website.
Move-In Inspection Checklist: While not a state-mandated Indiana form, this is often used. Request and keep a copy signed by you and your landlord to document the unit's condition. For sample templates, check with your local housing authority.

Tip: Always keep copies of all inspection notes, photos, and written communication for your own records if you decide to refuse occupancy.

What Happens to Your Lease and Deposit?

If you do not move in due to unresolved serious defects, you may be entitled to cancel the lease and have your security deposit refunded. However, each situation depends on your lease terms and the documented defects. If the landlord disagrees, you may need to resolve the dispute through the appropriate authority, such as small claims court or local housing code enforcement.

Who Handles Rental Disputes in Indiana?

Indiana does not have a dedicated state-level landlord-tenant board. Disputes are generally resolved through your local small claims court. For detailed guidance, visit the Indiana Judiciary Landlord & Tenant Resource Center.

How to Refuse to Move In After Inspection

If you discover serious issues before your move-in date, you can follow these steps:

List and photograph all issues thoroughly during your inspection.
Contact your landlord promptly in writing, describing the problems.
Request written confirmation of when repairs will be completed, or state that you do not intend to move in until the unit is habitable.
If the landlord fails to resolve the issues, send a formal letter to refuse occupancy and request your security deposit back.
If the landlord disputes your claim, contact your local small claims court or Indiana Legal Services for assistance.

Acting quickly and keeping documentation helps protect your rights if you must take further action.

Frequently Asked Questions

Can I get my security deposit back if I refuse to move in?
If you lawfully refuse to move in due to uninhabitable conditions and it's properly documented, you may be entitled to a refund of your security deposit. However, the landlord may legally withhold some or all of it if there is another valid reason. Each case depends on the rental agreement and the specific situation.
Is a move-in inspection required by law in Indiana?
There is no state law mandating a formal move-in inspection in Indiana, but it is a good practice and often recommended.
What if the landlord didn't disclose lead paint hazards?
If the property was built before 1978 and the landlord failed to provide the required EPA Lead-Based Paint Disclosure, you may have grounds to break the lease and refuse to move in without penalty.
What government agency helps Indiana renters with move-in disputes?
Rental disputes are usually handled in local small claims courts. You can also find support and self-help materials at the Indiana Judiciary Landlord & Tenant Resource Center.
Can I refuse to move in for minor cleanliness issues?
Minor cleanliness or cosmetic issues usually do not justify refusing to move in, unless they rise to a level that makes the unit unsafe or uninhabitable.

Key Takeaways for Indiana Renters

You have a right to a safe, habitable, and disclosed rental unit at move-in.
Serious undisclosed hazards or violations may let you refuse to move in and request a deposit refund.
Always document problems and communicate in writing for your protection.

Reviewing Indiana’s landlord-tenant laws before move-in can help avoid future complications.

Need Help? Resources for Renters

Indiana Judiciary Landlord & Tenant Resource Center – forms and guides for Indiana renters.
Indiana Attorney General Consumer Protection Division – report housing fraud or scams.
Indiana Legal Services – free or low-cost legal help for qualified renters.
EPA Lead-Based Paint Disclosure Information