Retaliatory Eviction

The City of Topeka recognizes the fact that many tenants hesitate to contact code enforcement about the conditions that may exist in their dwelling unit due to fear of eviction by their landlord. To that end, the Governing Body passed a local ordinance that prohibits landlords from evicting tenants for retaliation or harassment purposes.

Under Topeka Municipal Code, Section 9.25.020, Unlawful actions by landlords, it is illegal for an owner or landlord to evict a tenant, demand an increase in rent, decrease services or otherwise cause the tenant to leave the rental unit within six months of the following:

  • The tenant complained in good faith to the landlord or a government agency about the maintenance, safety or cleanliness of a rental unit
  • The tenant has organized or become a member of a tenants’ union or similar organization

Under Topeka Municipal Code, 9.25.030 (landlord rights), landlords and owners are allowed to evict tenants for the following reasons under the local law:

  • A violation by a tenant or by persons upon the premises with the tenant’s consent of a state or local law or regulation, or lease or rental agreement regarding the tenants’ responsibility to care for and maintain the rental unit
  • The tenant is not current on their rental payments
  • The landlord is required by a state or local law or regulation to alter, remodel or do demolition activity to the rental unit that would deny the tenant the use of the rental unit

If You’re A Victim

If you believe you have been the victim of a retaliatory eviction, please contact the Department of Neighborhood Relations at 785-368-3711, Housing and Credit Counseling at 785-234-0217, or the City Prosecutor’s Office at 785-368-3910 for more information.

You can also fill out the forms below and submit them to the Topeka Police Department to have an investigation initiated. The Topeka Police Department is located at 320 S. Kansas Ave. and they can be reached at 785-368-9464.

Forms

Tenant Affidavit for Prosecution of Retaliatory Landlord Action
Tenant Initiated Retaliatory Action Offense Report