ADU Rental Restrictions: Surprise vs Tempe
How do adu rental restrictions rules compare between Surprise, AZ and Tempe, AZ?
Surprise and Tempe have similar restriction levels.
Surprise, AZ
Maricopa County
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.
View full Surprise rules →Tempe, AZ
Maricopa County
Tempe permits long-term ADU rentals without a city license. Short-term rentals (under 30 days) require an Arizona Department of Revenue transaction privilege tax license and a Tempe Short-Term Rental permit under City Code regulations adopted consistent with ARS 9-500.39. HB 2720 prohibits ADU-specific rental bans. ASU-area demand makes rentals common but Tempe enforces strict STR registration, local-contact, and notice rules.
View full Tempe rules →Key Facts Comparison
| Fact | Surprise | Tempe |
|---|---|---|
| Long-Term Protected | ARS § 9-461.18 preempts city | - |
| STR Statute | ARS § 9-500.39 (state-allowed registration) | - |
| 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 | - |
| Long-Term | - | No city registration required |
| STR State Statute | - | ARS 9-500.39 (SB 1350 / HB 2672) |
| Local Contact | - | 1-hour response required |
| Neighbor Notice | - | Required before operating |
| TPT License | - | Required for STR |
| ADU-Specific Ban | - | Preempted by HB 2720 |
Highlighted rows indicate differences between cities.
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.
Tempe FAQ
Can I rent my Tempe ADU on Airbnb?
Yes, with a Tempe Short-Term Rental permit, an Arizona TPT license, a designated local emergency contact reachable within one hour, and prior notice to adjacent property owners. Operators must remit TPT on every booking and post the permit number in listings. Check your HOA CC&Rs - some Tempe HOAs further restrict STRs.
Does Tempe require a rental license for long-term ADU rentals?
No city rental license is required for stays of 30 days or more. Long-term rentals must be registered with the Maricopa County Assessor under Arizona's residential rental property statute. ARS 9-1303 limits city authority to require general rental registration on long-term rentals.
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