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🏠 Short-Term Rentals/Night Caps

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

Few Restrictions

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 β†’

Surprise, AZ

Maricopa County

Few Restrictions

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 β†’

Key Facts Comparison

FactPeoriaSurprise
Annual Night CapNone - state-preempted-
Minimum StayNone-
State StatuteARS 9-500.39 (preempts caps)-
City CodePeoria City Code Sec. 11-150 (Ord. 2022-20)-
Permit CapNone - city must issue to all qualifying applicants-
ADU Owner-OccupancyAllowed 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.

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