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Highland is a town of approximately 23,000 residents in Lake County, Indiana, situated in the Chicago metropolitan area along the Illinois border. A significant share of Highland's households are renters, many of whom commute to Chicago or nearby Gary and Hammond for work. Because of its proximity to the Illinois border, some renters in Highland may assume they have protections similar to those in Chicago — but Indiana law governs all rentals in Highland, and the two states' tenant protections differ substantially.
Indiana's landlord-tenant framework is governed primarily by the Indiana Code Title 32, Articles 31 and 32. The state provides baseline protections on security deposits, habitability, and the eviction process, but Indiana law offers fewer tenant remedies than many neighboring states. There is no local rent control, no just-cause eviction ordinance, and no local Highland housing code that goes beyond Indiana state requirements. Understanding exactly what Indiana law does and does not protect is essential for every Highland renter.
This article explains the tenant rights that apply to Highland renters under Indiana state law, including security deposit rules, habitability obligations, eviction procedures, and where to find help. This content is for informational purposes only and does not constitute legal advice. If you are facing a housing crisis, contact a qualified attorney or legal aid organization.
Highland has no rent control, and Indiana state law expressly prohibits any local government from enacting rent control or rent stabilization ordinances. The preemption is codified at Ind. Code § 32-31-1-20, which states that a governmental entity may not enact or enforce an ordinance that controls the amount of rent charged for privately owned residential property. This means the Town of Highland and Lake County cannot pass any ordinance capping rent increases — now or in the future — without a change to state law.
In practice, this means a Highland landlord may raise your rent by any dollar amount at the end of a lease term or, for month-to-month tenants, with the required 30 days' written notice under Ind. Code § 32-31-1-1. There is no cap on how much rents can increase, no requirement that landlords justify an increase, and no cooling-off period between increases. Renters in Highland who receive a rent increase notice have the choice to accept the new terms or vacate with appropriate notice.
If you are concerned about rent affordability in Highland or Lake County, your best options are to negotiate directly with your landlord, search for other rental units, or contact Indiana Legal Services for guidance on whether your specific situation involves any enforceable lease protections.
The following Indiana state protections apply to all residential rental units in Highland. Each protection is grounded in the Indiana Code, and renters can invoke these rights without any local ordinance needed.
Implied Warranty of Habitability: Indiana courts recognize an implied warranty of habitability in residential leases, meaning landlords must maintain rental units in a safe and livable condition — with functioning heat, plumbing, electrical systems, and structural integrity. If serious habitability defects exist, a tenant should provide written notice to the landlord identifying the problems. Indiana's tenant remedies for a landlord's failure to repair are more limited than in many states, and tenants should consult legal aid before withholding rent or making repairs and deducting the cost.
Security Deposit Rules (Ind. Code § 32-31-3-9 through § 32-31-3-14): Indiana law governs how landlords collect, hold, and return security deposits. Landlords must return the deposit (or the remaining balance) along with an itemized written statement of any deductions within 45 days after the tenant vacates. Legitimate deductions include unpaid rent and actual damage beyond normal wear and tear. If the landlord wrongfully withholds any portion, the tenant may sue to recover the wrongfully withheld amount plus reasonable attorney's fees under Ind. Code § 32-31-3-12.
Notice to Terminate Tenancy (Ind. Code § 32-31-1-1): To terminate a month-to-month rental agreement, either the landlord or the tenant must provide at least 30 days' written notice before the end of a rental period. For fixed-term leases, the lease itself governs the end date, and notice requirements may differ based on lease terms.
Anti-Retaliation Protection (Ind. Code § 32-31-8-6): Landlords are prohibited from retaliating against a tenant for reporting housing code violations, contacting a government agency about conditions, or otherwise exercising a legal right. Prohibited retaliatory actions include increasing rent, decreasing services, or initiating eviction proceedings. If a landlord takes any of these actions within a suspicious timeframe after a tenant's protected activity, the tenant may raise retaliation as a defense in eviction court.
Prohibition on Self-Help Eviction (Ind. Code § 32-31-1-8): Indiana law prohibits self-help evictions. A landlord cannot remove a tenant by changing the locks, removing doors or windows, shutting off utilities, or removing the tenant's personal property without a court order. Any landlord who engages in self-help eviction may face civil liability. Tenants who experience an illegal lockout or utility shutoff should contact local law enforcement and Indiana Legal Services immediately.
Indiana's security deposit rules — found at Ind. Code §§ 32-31-3-9 through 32-31-3-14 — apply to every residential rental in Highland. There is no state-imposed cap on the maximum amount a landlord may collect as a security deposit, so landlords may set any deposit amount, which is negotiable at the time of lease signing.
Return Deadline: After a tenant moves out, the landlord has 45 days to return the security deposit. The landlord must either return the full deposit or provide the tenant with a written, itemized statement explaining each deduction, along with any remaining balance. The 45-day clock begins when the tenant vacates the unit (Ind. Code § 32-31-3-12).
Permissible Deductions: Under Ind. Code § 32-31-3-13, landlords may deduct from the deposit for: unpaid rent, damage to the unit beyond normal wear and tear, and other amounts the tenant owes under the lease. Landlords may not deduct for ordinary wear and tear — routine deterioration that occurs through normal use of the property.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit or provide the required itemized statement within 45 days, or if the landlord makes deductions that are not permitted, the tenant may file a small claims lawsuit to recover the wrongfully withheld amount plus reasonable attorney's fees under Ind. Code § 32-31-3-12. To protect your ability to recover the full deposit, document the condition of the unit at move-in and move-out with dated photographs, and provide the landlord your forwarding address in writing.
Indiana law sets out a specific process landlords must follow to evict a tenant. Landlords in Highland must comply with Ind. Code §§ 32-31-1-1 through 32-31-8-6 throughout this process. There is no just-cause eviction requirement in Indiana, meaning a landlord does not need a specific reason to end a tenancy at the expiration of a lease — but the landlord must still follow proper legal procedure.
Step 1 — Written Notice: Before filing an eviction lawsuit, a landlord must serve the tenant with written notice. The type and length of notice depends on the reason for eviction:
Step 2 — Eviction Lawsuit (Complaint for Possession): If the tenant does not comply with the notice, the landlord may file an eviction complaint — called a Complaint for Possession — in the local small claims court or circuit court for Lake County. The court will schedule a hearing, and the tenant will be served with a summons requiring their appearance.
Step 3 — Court Hearing: Both the landlord and tenant appear before a judge. Tenants should bring all relevant documentation, including the lease, receipts, and any communications with the landlord. Tenants may raise defenses including improper notice, rent payment, retaliation (Ind. Code § 32-31-8-6), or habitability issues.
Step 4 — Judgment and Enforcement: If the court rules in the landlord's favor, a judgment for possession is entered. The landlord may then request a writ of assistance, which authorizes a law enforcement officer to remove the tenant. Only a court-authorized officer may physically remove a tenant.
Self-Help Eviction Is Illegal: A landlord cannot evict a tenant by changing the locks, removing the tenant's belongings, shutting off heat, water, or electricity, or otherwise forcing the tenant out without a court order. Self-help eviction is expressly prohibited by Ind. Code § 32-31-1-8. Tenants subjected to these tactics should call local police and contact Indiana Legal Services immediately, as the landlord may face civil liability.
This article is provided for informational purposes only and does not constitute legal advice. Tenant rights laws change, and the information here may not reflect the most current developments in Indiana or Highland local ordinances. Renters facing eviction, habitability disputes, security deposit issues, or any other housing legal matter should consult a qualified attorney or contact a legal aid organization such as Indiana Legal Services. RentCheckMe makes no guarantee as to the accuracy, completeness, or timeliness of this information, and use of this site does not create an attorney-client relationship.
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