ADU Owner Occupancy: Gilbert vs Surprise
How do adu owner occupancy rules compare between Gilbert, AZ and Surprise, AZ?
Gilbert and Surprise have similar restriction levels.
Gilbert, AZ
Maricopa County
Gilbert previously required owner-occupancy as a condition of casita approval, but Arizona HB 2720 (ARS 9-461.18) preempts owner-occupancy requirements in cities over 75,000 population. Gilbert may no longer condition ADU permits on the owner residing on-site. HOA CC&Rs may still impose restrictions, subject to limits under ARS 33-1817.
View full Gilbert rules →Surprise, AZ
Maricopa County
Under Arizona's ADU statute (ARS § 9-461.18) Surprise cannot require owner occupancy of the principal dwelling or the ADU for long-term rental purposes. The statute also prohibits any familial, marital, or employment relationship requirement between owner and occupant. The only owner-occupancy authority remaining is for ADUs built after September 14, 2024, that are used as short-term rentals — Surprise can require the owner to live on-site in that narrow scenario.
View full Surprise rules →Key Facts Comparison
| Fact | Gilbert | Surprise |
|---|---|---|
| Status | Preempted by HB 2720 | - |
| Effective Date | January 1, 2025 | - |
| HOA CC&Rs | Limited by ARS §33-1817 | - |
| Rentable | Both units now | - |
| State Preemption | - | ARS § 9-461.18 (no owner occupancy) |
| Long-Term Defined | - | Lease ≥ 90 days or month-to-month |
| STR Exception | - | ADUs built post-9/14/2024 only |
| HOA Authority | - | Not preempted (CC&Rs apply) |
Highlighted rows indicate differences between cities.
Gilbert FAQ
Does Gilbert require owner-occupancy for a casita?
No, not since January 1, 2025. ARS 9-461.18 preempts owner-occupancy requirements in cities over 75,000 population. Gilbert removed the requirement from its Land Development Code.
Can my Gilbert HOA require me to live on-site to have an ADU?
Possibly through CC&Rs, but HOA authority is limited by ARS 33-1817 which prohibits unreasonable HOA restrictions on lawfully created ADUs. Review your CC&Rs and consult an attorney before relying on the statute.
Surprise FAQ
Does Surprise require the owner to live on-site to have an ADU?
No, not for long-term rentals. ARS § 9-461.18 preempts municipal owner-occupancy mandates for cities over 75,000 population. The only exception is for ADUs built after September 14, 2024, that are used as short-term rentals.
Can I rent out both the main house and the ADU to different tenants in Surprise?
Yes under state law. ARS § 9-461.18 expressly permits separately leased long-term rental of the single-family dwelling and ADU on the same parcel. Sun City Grand and other HOAs may still restrict this through CC&Rs.
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