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🏗️ Accessory Structures/ADU Rental Restrictions

ADU Rental Restrictions: Phoenix vs Surprise

How do adu rental restrictions rules compare between Phoenix, AZ and Surprise, AZ?

Phoenix has fewer restrictions than Surprise.

Phoenix, AZ

Maricopa County

Few Restrictions

Phoenix permits long-term ADU rentals without registration or licensing. Short-term ADU rentals (under 30 days) require a state vacation rental license under ARS 9-500.39 and Phoenix STR registration. HB 2928 (2025) prohibits Phoenix from banning ADU rentals or imposing minimum-lease terms.

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Surprise, AZ

Maricopa County

Some Restrictions

Long-term rental of a Surprise ADU (90+ days) is fully protected under ARS § 9-461.18 and cannot be restricted by the city. Short-term rentals (under 30 days) are governed by ARS § 9-500.39, which preempts most local prohibitions but allows Surprise to require STR registration, impose health-safety standards, and apply an owner-occupancy condition on ADUs built after September 14, 2024. Surprise requires STR registration through its short-term rental permit program.

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Key Facts Comparison

FactPhoenixSurprise
Long-TermNo registration required-
STR StatuteARS §9-500.39ARS § 9-500.39 (state-allowed registration)
TPT Rate12.57% combined-
Local Contact1-hour response required-
Long-Term Protected-ARS § 9-461.18 preempts city
STR Penalty Tier-$500 / $1,000 / $3,500 (SB 1168)
Post-9/14/24 ADU STR-Owner occupancy may apply
HOA Override-CC&Rs not preempted

Highlighted rows indicate differences between cities.

Phoenix FAQ

Can I rent my Phoenix ADU on Airbnb?

Yes, with state vacation rental license and Phoenix STR registration. Operators must designate a local emergency contact, post the registration number, and remit TPT. HOA CC&Rs may further restrict STR use.

Does Phoenix require a rental license for long-term ADU rentals?

No. Phoenix does not require rental registration or licensing for long-term residential leases (30+ days). ARS 9-1303 limits city authority to require general rental registration. HB 2928 prohibits ADU-specific rental restrictions.

Surprise FAQ

Can I rent my Surprise ADU on Airbnb?

Yes if you register with the city and comply with ARS § 9-500.39 STR rules including TPT collection, contact-info posting, and health-safety standards. ADUs built after September 14, 2024, may also need to meet an owner-occupancy condition. Sun City Grand and other HOAs may ban STRs outright.

Can Surprise stop me from renting my ADU long-term?

No. ARS § 9-461.18 preempts the city from restricting long-term rental (90+ days) of an ADU. You can lease the ADU and the main house to different tenants without any owner-occupancy or relationship requirement.

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