Night Caps: Phoenix vs Surprise
How do night caps rules compare between Phoenix, AZ and Surprise, AZ?
Phoenix and Surprise have similar restriction levels.
Phoenix, AZ
Maricopa County
Phoenix imposes NO annual or per-stay night cap on short-term rentals. Arizona Revised Statutes § 9-500.39 preempts cities from prohibiting STRs or capping the total number of dwelling units used as vacation rentals. Stays under 30 consecutive days are taxed as transient lodging at the 14.5% combined rate.
View full Phoenix 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 | Phoenix | Surprise |
|---|---|---|
| Annual Night Cap | None (state-preempted) | - |
| State Statute | A.R.S. § 9-500.39 | - |
| STR Threshold | <30 consecutive days | - |
| Transient Tax | ~14.5% combined | - |
| Permit Required | Yes (Sec. 10-195) | - |
| STR Office | 602-534-9723 | - |
| 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.
Phoenix FAQ
Is there a maximum number of nights I can rent my Phoenix home short-term?
No. Arizona Revised Statutes § 9-500.39 preempts cities from capping the total nights or total STR units, and Phoenix City Code Sec. 10-195 contains no nightly limit. You may rent year-round so long as your $250 annual permit, $500,000 liability insurance, Arizona TPT license and emergency contact stay current. Confirm with vacation.rental@phoenix.gov or 602-534-9723.
What counts as a short-term rental under Phoenix and Arizona law?
A.R.S. § 9-500.39 defines a short-term or vacation rental as a residential dwelling rented for less than 30 consecutive days. Stays at or beyond 30 consecutive days fall outside the STR ordinance and the transient lodging tax. Rentals under 30 days are subject to the combined state TPT and Phoenix lodging tax of roughly 14.5%.
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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