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🏠 Short-Term Rentals/Primary-Residence-Only Rule

Primary-Residence-Only Rule: Gilbert vs Tempe

How do primary-residence-only rule rules compare between Gilbert, AZ and Tempe, AZ?

Gilbert and Tempe have similar restriction levels.

Gilbert, AZ

Maricopa County

Few Restrictions

Arizona ARS section 11-269.17 prohibits Maricopa County from limiting short-term rentals to a host's primary residence. The county may register operators and enforce nuisance and zoning rules but cannot ban whole-home or non-owner-occupied vacation rentals.

View full Gilbert rules β†’

Tempe, AZ

Maricopa County

Few Restrictions

Arizona ARS section 11-269.17 prohibits Maricopa County from limiting short-term rentals to a host's primary residence. The county may register operators and enforce nuisance and zoning rules but cannot ban whole-home or non-owner-occupied vacation rentals.

View full Tempe rules β†’

Key Facts Comparison

FactGilbertTempe
Owner occupancyCannot be requiredCannot be required
Primary residenceNot requiredNot required
StatuteARS 11-269.17ARS 11-269.17
Three-strike rulePermit revokedPermit revoked

Highlighted rows indicate differences between cities.

Gilbert FAQ

Can the county cap how many nights I rent each year?

No. ARS 11-269.17 lists allowed county powers and night caps are absent. Maricopa County may require registration and limit guest counts only as zoning occupancy rules already do, not by total annual nights.

What zoning allows STRs in unincorporated Maricopa County?

All single-family residential zones permit STRs under state preemption. The use is treated as a residential occupancy, with no separate commercial classification, so long as the property remains a dwelling unit.

Tempe FAQ

Can the county cap how many nights I rent each year?

No. ARS 11-269.17 lists allowed county powers and night caps are absent. Maricopa County may require registration and limit guest counts only as zoning occupancy rules already do, not by total annual nights.

What zoning allows STRs in unincorporated Maricopa County?

All single-family residential zones permit STRs under state preemption. The use is treated as a residential occupancy, with no separate commercial classification, so long as the property remains a dwelling unit.

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