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🏠 Short-Term Rentals/Occupancy Limits

Occupancy Limits: Surprise vs Tempe

How do occupancy limits rules compare between Surprise, AZ and Tempe, AZ?

Surprise has fewer restrictions than Tempe.

Surprise, AZ

Maricopa County

Few Restrictions

Arizona SB 1350 (2022) allows cities to impose occupancy limits on short-term rentals. Surprise enforces limits based on bedroom count. Rentals may not exceed the number of bedrooms multiplied by two, plus additional guests up to the property's posted maximum.

View full Surprise rules β†’

Tempe, AZ

Maricopa County

Some Restrictions

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 β†’

Key Facts Comparison

FactSurpriseTempe
State LawARS 9-500.39 (SB 1350)-
Occupancy StandardBased on bedroom count-
Events ProhibitedNo party houses-
Community Development(623) 222-1200-
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.

Surprise FAQ

How many guests can stay in a Surprise short-term rental?

Occupancy is generally limited based on bedroom count, typically two persons per bedroom. The maximum must be posted inside the property.

Can I host events at my Surprise vacation rental?

No. Arizona law allows cities to prohibit use of short-term rentals for parties, events, or large gatherings that create neighborhood disturbance.

What changed with Arizona's STR laws?

SB 1350 (2022) restored some local authority, allowing cities like Surprise to impose occupancy limits and restrict nuisance properties.

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.

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