Night Caps: Surprise vs Tempe
How do night caps rules compare between Surprise, AZ and Tempe, AZ?
Surprise and Tempe have similar restriction levels.
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 →Tempe, AZ
Maricopa County
Tempe imposes NO annual or per-stay night cap on short-term rentals. Arizona Revised Statutes § 9-500.39 (SB 1350, expanded by SB 1168) preempts cities from prohibiting STRs or capping the total number of dwelling units used as vacation rentals. Stays under 30 consecutive days are taxed at the combined ~14.07% rate (6.80% city + 7.27% state/county).
View full Tempe rules →Key Facts Comparison
| Fact | Surprise | Tempe |
|---|---|---|
| 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 | - |
| Annual Night Cap | - | None (state-preempted) |
| State Statute | - | A.R.S. § 9-500.39 |
| STR Threshold | - | <30 consecutive days |
| Combined Tax | - | ~14.07% (6.80% city) |
| Permit Required | - | Yes (Ch. 16A Art. X) |
| Sales Tax Office | - | 480-350-2955 |
Highlighted rows indicate differences between cities.
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.
Tempe FAQ
Is there a maximum number of nights I can rent my Tempe home short-term?
No. Arizona Revised Statutes § 9-500.39 preempts cities from capping total nights or total STR units, and Tempe City Code Chapter 16A, Article X (Ord. O2023.01) contains no nightly limit. You may rent year-round so long as your $250 annual city license, $500,000 liability insurance, Arizona TPT license, neighbor notice and emergency contact stay current. Confirm with Sales Tax & Licensing at 480-350-2955.
Can I rent during ASU football and the Fiesta Bowl without a special permit?
Yes. There is no event-specific permit or per-game cap. Under A.R.S. § 9-500.39 and Tempe Ord. O2023.01, the standard annual STR license covers year-round operation including ASU home games, graduation, and bowl-week stays. Just confirm your $500,000 insurance, TPT license and emergency contact remain current and that guests pass the required sex-offender background check, with records kept 12 months.
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