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🏠 Short-Term Rentals/Night Caps

Night Caps: Gilbert vs Peoria

How do night caps rules compare between Gilbert, AZ and Peoria, AZ?

Gilbert and Peoria have similar restriction levels.

Gilbert, AZ

Maricopa County

Few Restrictions

The Town of Gilbert imposes NO annual or per-stay night cap on short-term rentals. Arizona Revised Statutes § 9-500.39 expressly preempts cities and towns from prohibiting STRs or capping the number of nights or units used as vacation rentals. Stays under 30 consecutive days are taxable transient lodging.

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Peoria, AZ

Maricopa County

Few Restrictions

Peoria does not cap the nights per year a property may operate as a vacation rental. ARS 9-500.39 preempts cities from prohibiting STRs or restricting them by classification, use, or occupancy. Peoria City Code Sec. 11-150 limits the City to a permit, neighbor notice, $500,000 insurance, and tax compliance.

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Key Facts Comparison

FactGilbertPeoria
Annual Night CapNone (state-preempted)None - state-preempted
State StatuteA.R.S. § 9-500.39ARS 9-500.39 (preempts caps)
STR Threshold<30 consecutive days-
Town CodeCh. 14, Art. III (no night limit)-
License RequiredYes ($100 / year)-
ContactShortTermRentals@gilbertaz.gov-
Minimum Stay-None
City Code-Peoria City Code Sec. 11-150 (Ord. 2022-20)
Permit Cap-None - city must issue to all qualifying applicants
ADU Owner-Occupancy-Allowed for ADUs permitted on/after Sept 14, 2024 (HB 2720)

Highlighted rows indicate differences between cities.

Gilbert FAQ

Is there a maximum number of nights I can rent my Gilbert home short-term?

No. Arizona Revised Statutes § 9-500.39 preempts the Town from capping the total nights or total STR units, and Gilbert Town Code Chapter 14, Article III contains no nightly limit. You may rent year-round so long as your $100 Town license, $500,000 liability insurance, Arizona TPT license and emergency contact stay current. Confirm the current rules at ShortTermRentals@gilbertaz.gov.

What counts as a short-term rental under Gilbert and Arizona law?

Under A.R.S. § 9-500.39, a short-term or vacation rental is a residential dwelling rented for less than 30 consecutive days. Stays of 30 consecutive days or more fall outside the STR ordinance and Town licensing requirement. Rentals under 30 days are subject to Arizona Transaction Privilege Tax plus Gilbert's local lodging tax, collected via the GovOS/MuniRevs portal.

Peoria FAQ

Does Peoria, AZ limit how many nights I can rent my Airbnb?

No. Peoria does not cap the number of nights per year a property may operate as a vacation rental. Arizona Revised Statutes Section 9-500.39 prohibits cities and towns from prohibiting short-term rentals or restricting them based on classification, use, or occupancy, which means Peoria cannot impose an annual nights cap, season restriction, or quota on STR permits. You still need a Peoria vacation rental permit, $500,000 of liability insurance, and TPT/lodging tax registration.

Can Peoria limit how many short-term rentals are in a neighborhood?

No. ARS 9-500.39 forecloses caps on the share of homes in a neighborhood that may be used as STRs and prohibits zoning classifications that single out vacation rentals. Peoria's program under City Code Section 11-150 is permit-based with no quota; the City must issue a permit to every applicant who satisfies the insurance, neighbor-notification, background-check, and posting requirements.

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