Night Caps: Gilbert vs Surprise
How do night caps rules compare between Gilbert, AZ and Surprise, AZ?
Gilbert and Surprise have similar restriction levels.
Gilbert, AZ
Maricopa County
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.
View full Gilbert rules →Surprise, AZ
Maricopa County
Arizona state law (ARS 9-500.39) preempts cities from imposing annual night caps or rental frequency limits on short-term rentals. Surprise cannot restrict the number of nights a property may be rented per year.
View full Surprise rules →Key Facts Comparison
| Fact | Gilbert | Surprise |
|---|---|---|
| Annual Night Cap | None (state-preempted) | - |
| State Statute | A.R.S. § 9-500.39 | - |
| STR Threshold | <30 consecutive days | - |
| Town Code | Ch. 14, Art. III (no night limit) | - |
| License Required | Yes ($100 / year) | - |
| Contact | ShortTermRentals@gilbertaz.gov | - |
| Night Caps | - | Not permitted by state law |
| State Law | - | ARS 9-500.39 preemption |
| HOA Rules | - | May impose separate limits |
| 2022 Amendments | - | SB 1350 — no night cap authority |
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.
Surprise FAQ
Can Surprise limit how many nights I rent my property?
No. Arizona state law preempts cities from imposing annual night caps or rental frequency limits on short-term rentals.
Can my HOA limit short-term rentals?
Yes. HOA CC&Rs are private agreements and can restrict rental activity regardless of the state preemption law. Check your community's governing documents.
Did the 2022 STR law changes add night caps?
No. SB 1350 (2022) added nuisance and occupancy enforcement authority but did not authorize cities to impose night caps.
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