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New Albany is the county seat of Floyd County and sits along the Ohio River directly across from Louisville, Kentucky. As one of the larger cities in southern Indiana, New Albany has a diverse rental market that includes older historic housing stock, single-family rentals, and apartment communities. Renters here frequently search for information about security deposit returns, what happens when a landlord won't make repairs, and how the eviction process works.
All renters in New Albany are governed exclusively by Indiana state law — specifically the Indiana Code Title 32, Articles 31 and 32, which cover residential landlord-tenant relationships. New Albany and Floyd County have not enacted any local tenant protection ordinances beyond what the state provides. This means your rights and your landlord's obligations are set at the state level, and understanding those statutes is the most important step you can take as a renter.
This page summarizes Indiana landlord-tenant law as it applies to New Albany renters, including rent increases, security deposits, habitability, and eviction. This information is provided for educational purposes only and does not constitute legal advice. If you face a specific housing issue, contact a qualified attorney or one of the legal aid organizations listed below.
New Albany has no rent control, and neither does any other city in Indiana. Indiana state law explicitly prohibits local governments — including cities, towns, and counties — from enacting any ordinance, resolution, or policy that controls or limits the amount of rent a landlord may charge. This prohibition is codified at Ind. Code § 32-31-1-20, which states that a governmental entity may not enact a rent control ordinance or take any similar action.
In practical terms, this means your landlord in New Albany can raise your rent by any dollar amount at any time, as long as they provide proper notice before your lease renews or your tenancy period ends. There is no cap on rent increases, no requirement that increases be tied to inflation, and no local board or office where you can challenge a rent hike. Once you sign a fixed-term lease, your landlord generally cannot raise your rent until the lease expires — but upon renewal, any new rate may be set at the landlord's discretion.
If you receive a rent increase notice that you cannot afford, your primary options are to negotiate with your landlord, seek assistance from local housing programs, or find alternative housing. Indiana Legal Services may be able to help if a rent increase appears to be retaliatory in nature (see anti-retaliation protections below).
Indiana's landlord-tenant law provides several important protections for New Albany renters, all enforced at the state level under Indiana Code Title 32.
Implied Warranty of Habitability: Under Indiana common law and the Indiana Code, landlords are required to maintain rental units in a habitable condition — meaning the property must have functioning heat, plumbing, electrical systems, and be free of conditions that pose a serious risk to health or safety. If your unit has a serious defect, you should provide written notice to your landlord describing the problem. Indiana's tenant remedies for a landlord's failure to repair are more limited than in many states; tenants do not have a statutory right to withhold rent or repair-and-deduct without risk, so consulting a legal aid attorney before taking those steps is strongly advised.
Notice to Terminate a Month-to-Month Tenancy (Ind. Code § 32-31-1-1): If you rent on a month-to-month basis, your landlord must give you at least 30 days' written notice before terminating the tenancy. Likewise, you must give your landlord at least 30 days' written notice if you intend to vacate. This notice requirement does not apply when a landlord is terminating a tenancy for nonpayment of rent or a lease violation, which has separate notice rules under the eviction statutes.
Anti-Retaliation Protection (Ind. Code § 32-31-8-6): Your landlord cannot raise your rent, decrease your services, or attempt to evict you in retaliation for reporting a housing code violation to a government agency, complaining to the landlord about habitability problems, or exercising any legal right as a tenant. If a retaliatory action occurs within a reasonable time after you exercise a protected right, Indiana law creates a presumption of retaliation that your landlord must rebut.
Prohibition on Self-Help Eviction (Ind. Code § 32-31-1-8): A landlord may not remove a tenant or their belongings from a rental unit, change the locks, or shut off utilities as a method of forcing a tenant to leave. Any eviction must proceed through the courts. Violations of this prohibition can expose a landlord to civil liability.
Indiana's security deposit rules are established under Ind. Code §§ 32-31-3-9 through 32-31-3-19. New Albany landlords must follow these rules precisely or risk losing the right to keep any portion of your deposit.
No Statutory Cap: Indiana law does not limit the amount a landlord may charge as a security deposit. Your landlord may require any amount they choose, and the amount must be agreed upon in your lease.
Return Deadline — 45 Days (Ind. Code § 32-31-3-12): After you move out and provide your landlord with a forwarding address, your landlord has 45 days to return your security deposit. If any portion is withheld, the landlord must provide an itemized written statement explaining each deduction. Normal wear and tear may not be deducted.
Consequences for Non-Compliance (Ind. Code § 32-31-3-12): If your landlord fails to return your deposit within 45 days, fails to provide an itemized statement, or wrongfully withholds any portion of your deposit, you may sue in small claims court to recover the amount that was wrongfully withheld, plus reasonable attorney's fees. To protect your rights, document the condition of the unit at move-in and move-out with photos and written records, and always provide your landlord with a written forwarding address.
Tenant Obligations: A landlord may lawfully deduct from your deposit for unpaid rent, damage beyond normal wear and tear, and other amounts owed under the lease — as long as they are properly documented in the itemized statement (Ind. Code § 32-31-3-9).
If a landlord in New Albany wants to remove a tenant, they must follow the legal eviction process established by Indiana law. There are no shortcuts — self-help eviction is prohibited and illegal.
Step 1 — Written Notice: Before filing for eviction, a landlord must serve the tenant with written notice. The type and length of notice depends on the reason for eviction:
Step 2 — Court Filing (Ind. Code § 32-31-6-3): If the tenant does not comply with the notice, the landlord must file an eviction complaint (called a Complaint for Possession) in Floyd County Small Claims Court or Circuit Court. The tenant will receive a summons and a hearing date.
Step 3 — Hearing: At the hearing, both the landlord and tenant may present evidence. If the court rules in the landlord's favor, a judgment for possession is entered. Tenants should appear at all hearings; failure to appear almost always results in a default judgment against the tenant.
Step 4 — Removal: After a court order is issued, the landlord may obtain a writ of assistance or writ of execution authorizing the sheriff to remove the tenant if they have not left voluntarily. Only a court officer may enforce removal.
Self-Help Eviction is Illegal (Ind. Code § 32-31-1-8): A landlord who changes your locks, removes your belongings, shuts off utilities, or otherwise forces you out without a court order is committing an illegal self-help eviction. If this happens to you, contact Indiana Legal Services or call law enforcement immediately.
The information on this page is provided for general educational purposes only and does not constitute legal advice. Tenant rights laws can change, and the application of any law depends on the specific facts of your situation. RentCheckMe makes no guarantee that the information here is complete, current, or accurate as of the date you read it. If you are facing an eviction, security deposit dispute, habitability problem, or any other landlord-tenant issue in New Albany, Indiana, you should consult a licensed Indiana attorney or contact a qualified legal aid organization such as Indiana Legal Services before taking action. Do not rely solely on this page to make legal decisions.
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