Short-Term Rentals in Topeka, KS

If you live in Topeka or are thinking about moving there, short-term rentals are one of those things you probably won't think about until they affect you directly. Topeka has 6 specific rules on the books covering different aspects of short-term rentals, and some of them might surprise you.

Taxes & Fees

Topeka levies a transient guest tax, currently 7 percent through 2027, on gross rental receipts collected by hotels, motels, tourist courts, or accommodations brokers for stays under 28 days, which covers larger home-share listings.

Key details: Current rate: 7% through 2027. 2028 rate: Drops to 6%. Applies to: >2-bedroom rentals held out publicly. Collected by: Kansas Dept. of Revenue.

A business that fails to collect, report, or remit the tax is subject to interest and penalties under K.S.A. 12-1698a, per TMC Appendix A § A15-22.

Noise Rules

Topeka's short-term rental ordinance bans loud outdoor noise at Type I, II, and III rentals as a standing permit condition, not just a general nuisance rule. TMC 18.225.010(z)(1)(xi) prohibits outdoor activity noise that creates a nuisance or interferes with a neighbor's use of their property, and the same restriction is mirrored, almost word for word, for Type II and Type III rentals.

Key details: Rule: No excessive, unusual, or loud outdoor noise. Applies to: STR Type I, II, and III alike. Cannot be waived: Noise clause excluded from CUP waiver list. Enforcement: Director may revoke/suspend the STR permit. Appeal: Board of Zoning Appeals.

A sustained or repeated noise complaint against a Type I or Type II short-term rental lets the Director revoke or suspend the administrative permit under TMC 18.225.010(z)(2)/(aa)(2), shutting down the rental as a permitted use; the operator may appeal that determination to the Board of Zoning Appeals. Because the noise standard cannot be waived through a conditional use permit, a Type III rental found in violation risks conditional use permit revocation under Chapter 18.215 TMC.

Short-Term Rental Permits

Topeka requires an administrative permit before operating a Type I short-term rental, issued by the Director once the property meets zoning standards, valid for two years, and revocable for noncompliance.

Key details: Governing section: TMC § 18.225.010(z). Permit type: administrative, Director-issued. Permit term: 2 years, renewable. Neighbor notice: adjacent owners notified.

Operating a short-term rental in Topeka without the administrative permit, or violating its conditions, lets the Director suspend or revoke the permit under TMC § 18.225.010(z)(2), with appeal rights to the Board of Zoning Appeals.

Primary-Residence-Only Rule

Topeka's zoning code splits short-term rentals into three types based on who lives there. Type I is an owner-occupied dwelling with up to five guest bedrooms; type II is the identical five-bedroom rental in a home the operator does not live in; type III covers any six-or-more-bedroom rental regardless of occupancy. TMC § 18.55.190 draws that line, and it decides which Shawnee County permit track a host must follow.

Key details: Type I definition: Owner-occupied, up to 5 guest bedrooms. Type II definition: Non-owner-occupied, up to 5 guest bedrooms. Type III definition: 6+ guest bedrooms, owner-occupied or not. Transient guest: Stay of 28 consecutive days or less. Permit for types I & II: Administrative permit, 2-year term, Director-issued.

Operating a short-term rental without the permit its occupancy status requires is a zoning violation the Planning Department enforces directly: the Director can deny, suspend or revoke an administrative permit for failing the type I or type II standards, and an unpermitted six-bedroom-plus (type III) operation lacks the conditional use permit Chapter 18.215 TMC requires, exposing the property to the code's general zoning enforcement and Board of Zoning Appeals review.

Topeka allows owner-occupied homes to rent up to five bedrooms to transient guests as a short-term residential rental, type I, but the property must keep looking and functioning like an ordinary house, not a business.

Key details: Max bedrooms: 5 furnished bedrooms. Occupancy: Must be owner-occupied. Exterior rule: Must look like a home. Governing section: TMC § 18.225.010(z).

The Planning Director can deny, suspend, or revoke the permit for noncompliance with subsection (z); an owner who can't meet the core standards must instead seek a conditional use permit under Chapter 18.215 TMC.

Short-Term Rental Parking Rules

Topeka requires short-term rentals to provide one off-street parking space per two guest bedrooms, on top of the host's own parking, unless on-street spaces substitute on a wide-enough lot.

Key details: Types I & III ratio: 1 space per 2 guest bedrooms. On-street substitute: Up to 3 spaces, 22-ft frontage each. Type II ratio: Same as single/two-family dwelling. Rounding: Half space or more rounds up.

Operating a short-term rental without meeting TMC 18.240.030's parking count blocks issuance of the administrative permit required under TMC 18.225.010(z)/(aa)/(bb) and can trigger permit denial or revocation.

The Bottom Line

Topeka's short-term rentals rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Topeka is broadly strict or permissive.

Keep in mind that Topeka can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.