Tempe, AZ Short-Term Rentals: Host Platform Liability (2026)
Key Facts
- Facilitation ban
- No fee for facilitating an unlawful STR stay
- Background check window
- Within 24 hours before every stay
- Record retention
- 12 months, available to City on demand
- Platform substitution
- Marketplace check can satisfy Sec. 16A-219(a)-(b)
- Owner liability
- Not relieved by a platform's screening failure
Summary
Tempe's short-term rental ordinance makes it a civil offense for anyone, including a booking platform, to collect a fee for facilitating a rental that is operating illegally. Section 16A-215(d)-(e) bars payment for facilitating unlawful stays, and Section 16A-219 lets an online lodging marketplace's own sex-offender background check substitute for the owner's, without erasing the owner's liability.
(d)No person or entity may receive payment or accept a fee, directly or indirectly, for facilitating the rental of a short-term rental operating in violation of this Code or other law. (e)In addition to any other penalty pursuant to the City Code, any person who causes, allows, facilitates, aides, or abets any violation of this article shall be subject to a civil offense. ... Sec. 16A-219(c): The requirements of subsections (a) and (b) above are satisfied and/or waived if the online lodging marketplace on which the vacation rental or short-term rental is advertised performs the background check. Sec. 16A-219(e): The failure of an online lodging marketplace to conduct a background check shall not relieve the owner of liability under this Section 16a-219.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).
Full Breakdown
Article X of the Tempe City Code (Sections 16A-213 through 16A-222) regulates short-term and vacation rentals and reaches beyond the property owner to anyone who profits from an unlawful stay. Section 16A-215(d) states that no person or entity may receive payment or accept a fee, directly or indirectly, for facilitating the rental of a short-term rental that is operating in violation of the Code or other law, language broad enough to cover a booking platform that continues to process payments for a listing it knows lacks a valid City license.
Section 16A-215(e) backs that up by making anyone who causes, allows, facilitates, aides, or abets a violation of the article subject to a civil offense, not just the owner or the owner's designee. S. Department of Justice's national sex offender public website, and keep the record for twelve months. Section 16A-219(c) allows that duty to be satisfied or waived if the online lodging marketplace on which the listing is advertised performs the background check itself. But Section 16A-219(e) is explicit that a marketplace's failure to run that check does not relieve the owner of liability under the section: the legal responsibility for the check stays with the owner even when a platform's own screening process is what the City is relying on to consider the duty met.
Violations & Fines
Facilitating or collecting a fee on an unlicensed or otherwise unlawfully operating short-term rental is a civil offense under Section 16A-215(e), independent of any penalty against the owner. A missed or unverifiable background check under Section 16A-219 is also a civil offense, and the owner cannot point to a platform's screening failure as a defense; liability for the guest check stays with the owner regardless of what the marketplace claims to do.
Frequently Asked Questions
Can Airbnb or Vrbo be held liable for facilitating an illegal Tempe rental?
Does a platform's background check replace the owner's duty?
If the platform fails to run the background check, who is liable?
Sources & Official References
Other rules in Tempe
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