Night Caps: Peoria vs Surprise
How do night caps rules compare between Peoria, AZ and Surprise, AZ?
Peoria and Surprise have similar restriction levels.
Peoria, AZ
Maricopa County
Peoria does not cap the nights per year a property may operate as a vacation rental. ARS 9-500.39 preempts cities from prohibiting STRs or restricting them by classification, use, or occupancy. Peoria City Code Sec. 11-150 limits the City to a permit, neighbor notice, $500,000 insurance, and tax compliance.
View full Peoria rules βSurprise, 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 βKey Facts Comparison
| Fact | Peoria | Surprise |
|---|---|---|
| Annual Night Cap | None - state-preempted | - |
| Minimum Stay | None | - |
| State Statute | ARS 9-500.39 (preempts caps) | - |
| City Code | Peoria City Code Sec. 11-150 (Ord. 2022-20) | - |
| Permit Cap | None - city must issue to all qualifying applicants | - |
| ADU Owner-Occupancy | Allowed for ADUs permitted on/after Sept 14, 2024 (HB 2720) | - |
| Night Caps | - | Not permitted by state law |
| State Law | - | ARS 9-500.39 preemption |
| HOA Rules | - | May impose separate limits |
| 2022 Amendments | - | SB 1350 β no night cap authority |
Highlighted rows indicate differences between cities.
Peoria FAQ
Does Peoria, AZ limit how many nights I can rent my Airbnb?
No. Peoria does not cap the number of nights per year a property may operate as a vacation rental. Arizona Revised Statutes Section 9-500.39 prohibits cities and towns from prohibiting short-term rentals or restricting them based on classification, use, or occupancy, which means Peoria cannot impose an annual nights cap, season restriction, or quota on STR permits. You still need a Peoria vacation rental permit, $500,000 of liability insurance, and TPT/lodging tax registration.
Can Peoria limit how many short-term rentals are in a neighborhood?
No. ARS 9-500.39 forecloses caps on the share of homes in a neighborhood that may be used as STRs and prohibits zoning classifications that single out vacation rentals. Peoria's program under City Code Section 11-150 is permit-based with no quota; the City must issue a permit to every applicant who satisfies the insurance, neighbor-notification, background-check, and posting requirements.
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
See how Peoria and Surprise 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