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Topeka, KS Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
TMC 8.60.210 (IPMC § 602.3)
Minimum temperature
68°F in habitable rooms, bathrooms
Enforcement
Chief of Police (Code Official)
First-offense fine
up to $1,000

Summary

Landlords in Topeka who agree to furnish heat must keep every habitable room, bathroom and toilet room at least 68°F, under the city's amended Property Maintenance Code.

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either express or implied, to furnish heat to the occupants shall supply heat to maintain a temperature of not less than 68ºF (20ºC) in all habitable rooms, bathrooms and toilet rooms. Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 20671, passed July 14, 2026).

Full Breakdown

TMC 8.60.210 amends IPMC Section 602.3: any owner or operator who rents, leases or lets a dwelling or sleeping unit and undertakes, expressly or implicitly, to furnish heat must maintain at least 68°F in every habitable room, bathroom and toilet room. The same section requires a dwelling's own heating facilities to be capable of hitting that 68°F floor, and it bars cooking appliances or portable unvented fuel-burning space heaters as a substitute heat source. The duty doesn't apply when outdoor temperatures fall below the International Plumbing Code's winter design temperature and the heating system is already running at full capacity.

Violations & Fines

Under TMC 8.60.090, failing to supply required heat is a misdemeanor: up to $1,000 for a first conviction, escalating to $1,000-$2,500 for a fourth or later conviction, plus up to 6 months in jail.

Frequently Asked Questions

What's the minimum heat a Topeka landlord must provide?
68°F in every habitable room, bathroom and toilet room, under TMC 8.60.210, if the landlord has agreed to furnish heat.
Can a Topeka landlord use space heaters to meet the heat requirement?
No. TMC 8.60.210 specifically bars portable unvented fuel-burning space heaters and cooking appliances as a means of providing required heat.

Sources & Official References

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