Topeka, KS Short-Term Rentals: Occupancy Limits (2026)

Under Topeka Municipal Code Chapter 18.225 (Specific Use Requirements), short-term residential rentals must comply with bedroom-based classification rather than an occupant cap. TMC 18.225.010 defines Type I (owner-occupied dwelling, no more than five bedrooms furnished for transient guests), Type II (non-owner-occupied, no more than five guest bedrooms), and Type III (six or more guest bedrooms). An owner-occupied dwelling means one in which the owner of record resides 182 days or more per calendar year. A transient guest is anyone occupying the rental for not more than 28 consecutive days. The TMC 18.225.010 specific use requirements address signage, exterior appearance, parking, trash, noise, and prohibition of weddings/large parties at Type I and II STRs but do not include a maximum occupancy formula such as two-per-bedroom. Off-street parking under TMC 18.240.030 must be provided at one space per two guest bedrooms (Type I and III) in addition to the parking required for the residence, which functionally limits high-density bookings. An administrative permit is issued by the Planning Director and is valid for two years; if the property cannot meet the specific use requirements, a conditional use permit is available under TMC 18.215. Type II rentals in R, M-1, or M-1A districts established after March 1, 2021 must be at least 500 feet from another Type II or Type III rental. Topeka's underlying International Property Maintenance Code, adopted under TMC Title 14, sets the minimum sleeping-room floor area used to determine reasonable occupancy of any dwelling unit.