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Surprise, AZ Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing ordinance
Rental Accountability Ordinance, § 105-90 et seq.
Slum property triggers
Hazardous wiring, blocked egress, unsafe waste, unsound structure, no water
Enforcing official
Community development director
Designation threshold
3+ defects unremedied after notice, § 105-101
Penalty class
Misdemeanor, fine or imprisonment, § 105-96
State law backstop
A.R.S. Title 33, Chapter 17

Summary

Surprise's Rental Accountability Ordinance sets a minimum habitability floor: under City Code § 105-92, a residential rental is a 'slum property' if it shows hazardous wiring or gas connections, blocked egress, hazardous waste accumulation, structurally unsound surfaces, or a lack of potable water and sanitation. The community development director enforces the standard and can order repairs or formally designate a noncompliant rental as a slum property.

Slum property means residential rental property that has deteriorated or is in a state of disrepair and that manifests one (1) or more of the following conditions that are a danger to the health or safety of the public: (1)Hazardous electrical systems or gas connections.(2)Lack of safe, rapid egress.(3)Accumulations of human or animal waste, medical or biological waste, gaseous or combustible materials, dangerous or corrosive liquids, flammable or explosive materials or drug paraphernalia.(4)Structurally unsound exterior surfaces, roof, walls, doors, floors, stairwells, porches or railings.(5)Lack of potable water, adequate sanitation facilities, and adequate water or waste pipe connections.

Full Breakdown

Article III of Chapter 105, the 'Surprise Rental Accountability Ordinance' (§ 105-90), applies citywide to residential rental property regardless of use or construction date and exists 'to promote the health, safety, and welfare of the citizens of the city by providing for accountability of property owners for slum conditions and criminal conduct' (§ 105-91). Section 105-92 defines a 'slum property' as residential rental property that has deteriorated or is in a state of disrepair and shows one or more of five hazard categories: hazardous electrical systems or gas connections; lack of safe, rapid egress; accumulations of human or animal waste, medical or biological waste, or dangerous chemicals and drug paraphernalia; structurally unsound exterior surfaces, roofs, walls, doors, floors, stairwells, porches or railings; or a lack of potable water, adequate sanitation facilities, or adequate water and waste pipe connections.

The community development director administers this standard and may order any structure made safe if it poses an imminent health or safety threat (§ 105-93). Under § 105-100, any building found after inspection to meet the slum property definition is declared a public nuisance and must be abated by repair, rehabilitation, demolition or removal. Formal designation requires, under § 105-101, that the property meet the slum definition, have three or more of the property maintenance code's listed defects at inspection, have unremedied violations after the notice period, and have no pending appeal; the director then records a certifying document with the county recorder, later filing a release once corrections are complete.

S. Title 33, Chapter 17, covering penalties, temporary receivership, annual inspections and inspection cost recovery, and § 105-103 lets the city seek a temporary receiver or require a property management firm and recover its costs through fees, liens or assessments.

Violations & Fines

Violating the Rental Accountability Ordinance's property standards is a misdemeanor punishable by fine or imprisonment under § 105-96, and corporate officers or firm partners responsible for a violating property face individual fines or jail time. The city municipal court has jurisdiction over both civil and criminal enforcement actions and may issue abatement orders under § 105-97. A rental business license can also be denied, suspended or revoked under Chapter 26 for operating in violation of city ordinance, per § 105-108.

Frequently Asked Questions

What makes a rental 'slum property' in Surprise?
Under City Code § 105-92, a residential rental qualifies if it has deteriorated and shows a health or safety danger such as hazardous electrical or gas systems, blocked emergency egress, accumulated waste or hazardous materials, structurally unsound exterior components, or a lack of potable water and adequate sanitation. Any one of these five conditions is enough to meet the definition.
Who decides if a rental is a slum property?
The community development director makes the designation after inspection, under §§ 105-93 and 105-101. A property must show the statutory conditions, have three or more listed property maintenance code defects, and have unremedied violations with no pending appeal before the designation is filed with the county recorder.
What happens once a property is designated a slum property?
Section 105-100 declares it a public nuisance subject to abatement by repair, rehabilitation, demolition or removal, and § 105-102 requires the notice to cite A.R.S. Title 33, Chapter 17, warning of penalties, a possible temporary receiver, annual inspections and cost recovery. The city may also seek a receiver or require a property management firm under § 105-103.
Can a landlord be criminally charged over habitability violations?
Yes. Section 105-96 makes any prohibited act under the Rental Accountability Ordinance a misdemeanor punishable by fine or imprisonment, and § 105-97 gives the city municipal court jurisdiction over both the civil and criminal enforcement track, including abatement orders.

Sources & Official References

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