Last updated: April 2026
Hays renters are protected by Kansas's landlord-tenant law, but state law bans rent control and the city has no additional local tenant ordinances. Here is what every Hays renter needs to know.
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Hays is a city of approximately 21,000 residents in Ellis County in northwest-central Kansas, home to Fort Hays State University. Renters in Hays are governed by the Kansas Residential Landlord and Tenant Act (K.S.A. §§ 58-2540 through 58-2573), which provides baseline protections for habitability, security deposits, and eviction procedures. Hays has no local tenant protection ordinances, and Kansas state law expressly bars local rent control.
The student population at Fort Hays State University makes rental housing a significant part of the local economy. Common tenant concerns include security deposit returns, maintenance requests, and lease termination rights. Because all landlord-tenant matters in Hays are governed exclusively by state law, tenants should familiarize themselves with the Kansas Residential Landlord and Tenant Act. Kansas Legal Services provides free legal assistance to eligible residents of Ellis County.
This guide is for informational purposes only and does not constitute legal advice. Renters with urgent housing issues should contact a licensed Kansas attorney or Kansas Legal Services directly.
Hays has no rent control, and Kansas state law explicitly prohibits local governments from enacting rent control or rent stabilization ordinances. Under K.S.A. § 12-16,128, no city or county in Kansas may regulate the amount of rent that a landlord charges for residential property. There are no caps, no annual percentage limits, and no requirement for a landlord to justify a rent increase in Hays.
For month-to-month tenancies, a landlord must give at least 30 days' written notice before a rent increase takes effect under K.S.A. § 58-2570. During a fixed-term lease, the landlord generally cannot raise rent unless the lease expressly allows it. Tenants who cannot afford a rent increase have no legal mechanism to challenge the amount — only the adequacy of the required notice period.
The Kansas Residential Landlord and Tenant Act (K.S.A. §§ 58-2540–58-2573) governs all landlord-tenant matters in Hays. The following statewide protections apply to all residential renters.
Habitability: Kansas landlords must maintain rental units in a habitable condition, including functioning heating, plumbing, and electrical systems (K.S.A. § 58-2553). After the tenant provides written notice of a defect, the landlord has a reasonable time — typically interpreted as 14 days for serious conditions — to make repairs. If the landlord fails to act, the tenant may terminate the lease or pursue repair-and-deduct remedies (K.S.A. § 58-2553).
Security Deposit: Capped at one month's rent for unfurnished units. Must be returned within 30 days of move-out with a written itemized statement of deductions. Wrongful withholding entitles the tenant to the full deposit amount (K.S.A. § 58-2550).
Anti-Retaliation: Landlords may not retaliate against tenants for reporting code violations, contacting a government agency, or exercising any legal right by raising rent, reducing services, or filing for eviction (K.S.A. § 58-2572).
Self-Help Eviction Prohibition: A landlord who changes locks, removes belongings, or shuts off utilities without a court order may be liable for actual damages under K.S.A. § 58-2563. Evictions must follow the formal court process.
Security deposit rules in Hays are governed by K.S.A. § 58-2550 of the Kansas Residential Landlord and Tenant Act.
Cap: The maximum security deposit is one month's rent for unfurnished units. Any deposit exceeding this limit may be unlawful.
Return Deadline: Your landlord has 30 days after you vacate the unit to return the deposit along with a written itemized statement of any deductions. Always provide your forwarding address in writing when you move out to start the 30-day clock.
Penalty: If your landlord fails to return the deposit or provide the required itemized statement within 30 days, you may recover the full deposit amount in a civil action (K.S.A. § 58-2550). File your claim in Ellis County Small Claims Court for amounts within the court's jurisdictional limit.
Allowable Deductions: Landlords may deduct for unpaid rent and damage beyond normal wear and tear. Normal wear and tear — minor scuffs, small nail holes, ordinary carpet wear — cannot be charged to the tenant. Photograph your unit at move-in and move-out as evidence.
Evictions in Hays must follow Kansas's statutory legal process. Landlords cannot use self-help methods — changing locks, removing belongings, or shutting off utilities without a court order is illegal under K.S.A. § 58-2563.
Required Notice: For nonpayment of rent, the landlord must serve a 3-day written notice to pay or vacate (K.S.A. § 58-2564(b)). For material lease violations, the landlord must give 30 days' written notice, with the tenant having an opportunity to cure within 14 days (K.S.A. § 58-2564(a)). To terminate a month-to-month tenancy without cause, the landlord must give 30 days' written notice (K.S.A. § 58-2570).
Court Filing: If the tenant does not comply with the notice, the landlord may file a forcible detainer action in Ellis County District Court. A hearing will be scheduled. Tenants may raise defenses including improper notice, habitability violations, or retaliation.
Execution: If the court enters judgment for the landlord, only a sheriff's officer may physically remove the tenant following issuance of a writ of restitution. Tenants facing eviction should contact Kansas Legal Services for free assistance.
No. Hays has no rent control, and Kansas state law explicitly prohibits any city or county from enacting rent control under K.S.A. § 12-16,128. Landlords in Hays may raise rent by any amount, as long as they give at least 30 days' written notice before the increase takes effect on a month-to-month tenancy.
There is no legal limit on rent increases in Hays. Kansas law (K.S.A. § 12-16,128) bars all local rent caps. For month-to-month tenancies, your landlord must give at least 30 days' written notice before the new rent takes effect (K.S.A. § 58-2570). During a fixed-term lease, the landlord generally cannot raise rent unless the lease expressly permits it.
Your landlord has 30 days after you vacate to return your security deposit with a written itemized statement of deductions, under K.S.A. § 58-2550. If they fail to comply, you may recover the full deposit amount. Provide your forwarding address in writing when you move out and document your unit's condition with photos.
For nonpayment of rent, your landlord must give 3 days' written notice to pay or vacate (K.S.A. § 58-2564(b)). For lease violations, the notice is 30 days with a 14-day opportunity to cure (K.S.A. § 58-2564(a)). To end a month-to-month tenancy without cause, your landlord must give 30 days' written notice (K.S.A. § 58-2570). After proper notice, the landlord must file in court to proceed with eviction.
No. Self-help eviction is illegal in Kansas under K.S.A. § 58-2563. A landlord who changes locks, removes your belongings, or shuts off utilities without a court order may be liable for actual damages. If this occurs, document the incident and contact Kansas Legal Services for assistance.
Send your landlord written notice of the needed repairs and keep a copy. Under K.S.A. § 58-2553, your landlord must make repairs within a reasonable time (typically 14 days for serious conditions). If they fail to act, you may be entitled to terminate the lease or pursue repair-and-deduct remedies. Contact Kansas Legal Services if your landlord is unresponsive.
This page is for general informational purposes only and does not constitute legal advice. Information reflects Kansas law as of April 2026 and is subject to change. If you are facing eviction, a security deposit dispute, or another housing issue, consult a licensed Kansas attorney or contact Kansas Legal Services. RentCheckMe is not a law firm and cannot provide legal representation.
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