Night Caps: Gilbert vs Tempe
How do night caps rules compare between Gilbert, AZ and Tempe, AZ?
Gilbert and Tempe 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 →Tempe, AZ
Maricopa County
Tempe imposes NO annual or per-stay night cap on short-term rentals. Arizona Revised Statutes § 9-500.39 (SB 1350, expanded by SB 1168) preempts cities from prohibiting STRs or capping the total number of dwelling units used as vacation rentals. Stays under 30 consecutive days are taxed at the combined ~14.07% rate (6.80% city + 7.27% state/county).
View full Tempe rules →Key Facts Comparison
| Fact | Gilbert | Tempe |
|---|---|---|
| Annual Night Cap | None (state-preempted) | None (state-preempted) |
| State Statute | A.R.S. § 9-500.39 | A.R.S. § 9-500.39 |
| STR Threshold | <30 consecutive days | <30 consecutive days |
| Town Code | Ch. 14, Art. III (no night limit) | - |
| License Required | Yes ($100 / year) | - |
| Contact | ShortTermRentals@gilbertaz.gov | - |
| Combined Tax | - | ~14.07% (6.80% city) |
| Permit Required | - | Yes (Ch. 16A Art. X) |
| Sales Tax Office | - | 480-350-2955 |
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.
Tempe FAQ
Is there a maximum number of nights I can rent my Tempe home short-term?
No. Arizona Revised Statutes § 9-500.39 preempts cities from capping total nights or total STR units, and Tempe City Code Chapter 16A, Article X (Ord. O2023.01) contains no nightly limit. You may rent year-round so long as your $250 annual city license, $500,000 liability insurance, Arizona TPT license, neighbor notice and emergency contact stay current. Confirm with Sales Tax & Licensing at 480-350-2955.
Can I rent during ASU football and the Fiesta Bowl without a special permit?
Yes. There is no event-specific permit or per-game cap. Under A.R.S. § 9-500.39 and Tempe Ord. O2023.01, the standard annual STR license covers year-round operation including ASU home games, graduation, and bowl-week stays. Just confirm your $500,000 insurance, TPT license and emergency contact remain current and that guests pass the required sex-offender background check, with records kept 12 months.
Compare other topics
See how Gilbert and Tempe compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool