Occupancy Limits: Phoenix vs Tempe
How do occupancy limits rules compare between Phoenix, AZ and Tempe, AZ?
Phoenix and Tempe have similar restriction levels.
Phoenix, AZ
Maricopa County
Arizona law preempts city occupancy caps on short-term rentals, but Phoenix and the state prohibit any nonresidential use, including special events, retail, restaurant, or banquet uses at an STR.
View full Phoenix rules →Tempe, AZ
Maricopa County
Tempe's STR licensing ordinance (O2023.01) requires compliance with residential use standards. Arizona preemption (ARS 9-500.39) limits city-specific occupancy caps. STR properties must comply with general noise, parking, and nuisance ordinances. STRs cannot be used as party houses or event venues. Neighbor notification is required when obtaining an STR license.
View full Tempe rules →Key Facts Comparison
| Fact | Phoenix | Tempe |
|---|---|---|
| Code Section | A.R.S. 9-500.39(B), (K); Phoenix City Code Sec. 10-195(C) | - |
| Occupancy Cap | Preempted - no STR-specific cap allowed | - |
| Prohibited | Nonresidential / special-event use | - |
| State Preemption | - | ARS 9-500.39 limits city-specific caps |
| Neighbor Notification | - | Required when obtaining STR license |
| License | - | $250/year, penalties up to $1,000/month without |
| Event Venues | - | Prohibited use for STR properties |
| Suspension | - | 3 verified violations in 12 months |
| Emergency Contact | - | Must be on file with city |
Highlighted rows indicate differences between cities.
Phoenix FAQ
Does Phoenix limit how many guests a short-term rental can host?
No. Arizona law (A.R.S. 9-500.39(B)) prohibits cities from setting occupancy or guest limits specific to short-term rentals. Only generally applicable residential building, fire, and health codes apply.
Can I host a wedding or event at my Phoenix Airbnb?
No. A.R.S. 9-500.39(K) and Phoenix City Code Sec. 10-195 prohibit nonresidential and special-event uses, including weddings, retail, restaurant, or banquet operations.
Tempe FAQ
Does Tempe limit how many guests I can have in my STR?
Arizona preemption limits city-specific caps, but STRs must comply with residential use standards. Excessive occupancy creating nuisances will be enforced.
Do I need to notify my neighbors about my STR?
Yes. Tempe requires written notification to adjacent and nearby residential properties when obtaining an STR license.
What if my STR gets repeat complaints?
Three verified violations within 12 months can result in STR license suspension for up to 12 months.
Compare other topics
See how Phoenix and Tempe 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