Night Caps: Mesa vs Surprise
How do night caps rules compare between Mesa, AZ and Surprise, AZ?
Mesa and Surprise have similar restriction levels.
Mesa, AZ
Maricopa County
Mesa cannot cap the number of nights a property is rented short-term per year. ARS §9-500.39 bars cities from imposing usage limits that effectively prohibit vacation rentals, leaving operators free to book year-round.
View full Mesa 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 | Mesa | Surprise |
|---|---|---|
| Night cap | Prohibited | - |
| Statute | ARS §9-500.39(A) | - |
| Season blackouts | Not allowed | - |
| Tax | Lodging tax still owed | - |
| 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.
Mesa FAQ
Can Mesa limit me to 90 nights?
No. State preemption blocks any annual night cap. Mesa enforces conduct violations per incident rather than capping how often the property is rented.
Do peak-season blackouts apply?
No. Mesa cannot impose season-based prohibitions or limit Spring Training rentals; STRs may operate every day of the calendar year.
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.
Compare other topics
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