Roommate won't pay rent in Indiana: what to do (2026)

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Your plan for Indiana

Do now

Find out exactly what is owed and when the rent is due; pay the landlord on time if you can.
Why: Late or partial rent can lead to late fees or an eviction case against everyone on the lease.
If you answered “Only them” to “Who signed the lease?”
Ask the landlord in writing whether you are a tenant, an approved occupant, or neither, and what you need to do to stay.
Why: If you are not on the lease, your rights depend on your status and your state's law.
If you answered “We both did” to “Who signed the lease?”
Read the lease for words like 'jointly and severally liable' or 'each tenant is responsible for the full rent'.
Why: If the lease says this, the landlord can ask either of you for all of the rent.
Save proof of the agreement: lease, texts, payment app history, past split payments.
Why: This is your evidence for a claim against the roommate.
If you answered “No” to “Do you have a written roommate agreement or messages showing the split?”
Write down what you and the roommate agreed (amounts, due dates, when you agreed) while you remember it, and collect texts or payments that show it.
Why: Without a written agreement, this is the evidence a judge will look at.
Do not change the locks, remove their belongings or cut their utilities.
Why: Locking out a roommate or removing their things yourself can break your state's lockout rules; ask legal aid what your state requires.

This week

Ask the roommate in writing to pay a set amount by a set date.
Why: A written demand gives the roommate a clear chance to pay and is evidence for court.
If you answered “Yes” to “Is the roommate still living there?”
If the roommate still lives there, put the rent split and due dates in a short written agreement you both sign.
Why: A signed agreement avoids future disputes and is proof in court.
If you answered “No, they left” to “Is the roommate still living there?”
If the roommate moved out, send the demand to their new address, email or phone, and ask the landlord about adding a replacement roommate.
Why: You need a way to reach them for the demand and any court papers, and a replacement helps cover future rent.
Talk to the landlord: ask about removing the roommate from the lease, adding a replacement, or a payment plan.
Why: Only the landlord can change who is on the lease.
If you answered “Only me (they rent from me or just live here)” to “Who signed the lease?”
If the roommate is only your subtenant and won't leave, ask legal aid about the proper notice and court process in your state.
Why: In some states, removing a roommate or subtenant who won't leave requires the court eviction process; ask legal aid (LawHelp.org) what your state requires.

If it's not resolved

If the roommate doesn't pay, you can file in small claims court for their share of rent and bills. Check your state's limit, fee and filing deadline on smallclaimsmap.com.
Why: Small claims is designed for disputes like this.
If you win and they still don't pay, use the court's collection tools.
Why: A judgment is not automatic payment.
When the lease ends, make sure the deposit refund is split fairly in writing.
Why: Your state's deposit rules and the lease decide how the landlord returns the deposit; agree in writing how you two will split it.

Deadlines

Last day to sue in court (statute of limitations)

General rule: see state; at least 3 years for a written lease or agreement in every state, and the same or less for an oral one

In Indiana:

Written contract: 10 years
Verbal agreement: 6 years

checked Oct 2026 · From Small Claims Map: Indiana

Late fee rules if rent is late

General rule: see state

In Indiana:

No statutory cap. A reasonable late fee may be charged only if agreed to in writing (Indiana Small Claims Manual).

checked Oct 2026 · From Tenant Rights Map: Indiana

Key facts for Indiana

Small Claims Map

Most you can sue for: $10,000
Court: small claims court
Filing fee: $97–$125
Lawyers: Optional

Small Claims Map: Indiana

Tenant Rights Map

Deadline to return a deposit: 45 days
Security deposit limit: No statewide limit
Notice before an eviction case for unpaid rent: 10 days
Notice before the landlord enters: Reasonable notice

Tenant Rights Map: Indiana · checked Oct 2026

Documents to gather

Lease
Roommate agreement or texts about the split
Payment app or bank records
Rent and utility bills
Your written demand to the roommate

Letters you can send

Fill in the blanks; the letter updates as you type. Copy it, print it or save it as a text file. Nothing you type is sent or saved: it stays on this page until you close it.

Demand for roommate's share of rent

Ask the roommate in writing to pay what they owe.

Dear [Roommate name],

For our home at [Rental address], you have not paid your share of rent and bills for [Months]. The total you owe is [Amount owed]. Please pay by [Pay by date] by [Payment method]. If you do not, I plan to file a claim in small claims court.

[Your name]

Where to go

LocalSmall claims court
The roommate won't pay their share
FederalLegal Services Corporation: find free legal aid
You have a low income and want free advice or a lawyer
StateLawHelp.org: free legal help by state
To find your state's legal aid and tenant guides

Costs

Small claims filing fees are set by each state (often about $30 to $100, plus a fee to serve the papers). Most states let you ask the court to waive fees if you can't afford them. See your state page on smallclaimsmap.com.

Talk to a lawyer if

The landlord filed an eviction because of the unpaid rent
The roommate threatens you or there is violence (call 911)
You need to remove a roommate who won't leave
The amount is above the small claims limit

Free help

Free legal aid for renters with low income: find your local office through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help) or LawHelp.org (lawhelp.org/find-help). Your state page on tenantrightsmap.com lists state tenant help. For help paying rent or utilities, call 211 or visit 211.org. HUD's state pages (hud.gov/states) list local tenant resources.

Guides for your state

Guides for every state

Related situations

Questions

What is the last day to sue in court (statute of limitations) in Indiana?

Written contract: 10 years Verbal agreement: 6 years

What is the late fee rules if rent is late in Indiana?

No statutory cap. A reasonable late fee may be charged only if agreed to in writing (Indiana Small Claims Manual).

When should I talk to a lawyer?

The landlord filed an eviction because of the unpaid rent; The roommate threatens you or there is violence (call 911); You need to remove a roommate who won't leave; The amount is above the small claims limit.

How much does it cost?

Small claims filing fees are set by each state (often about $30 to $100, plus a fee to serve the papers). Most states let you ask the court to waive fees if you can't afford them. See your state page on smallclaimsmap.com.

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Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-24. Some details could not be fully verified; see the notes in each section.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.