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Tempe, AZ Short-Term Rentals: Host Platform Liability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Section 16A-215(d) bars any person or entity, not just the property owner, from accepting a fee for facilitating a short-term rental operating in violation of the Code. Section 16A-215(e) makes anyone who facilitates, aids, or abets such a violation subject to a civil offense, language broad enough to reach a marketplace, not only the host.
Does a platform's background check replace the owner's duty?
Yes, for purposes of Section 16A-219(a) and (b): if the online lodging marketplace advertising the rental performs a sex-offender background check on the guest, the owner's own twenty-four-hour check requirement is satisfied or waived. The owner still must be able to show the marketplace actually ran the check.
If the platform fails to run the background check, who is liable?
The owner is. Section 16A-219(e) states directly that a marketplace's failure to conduct the background check does not relieve the owner of liability under the section, so an owner cannot avoid a citation by blaming the platform's screening process.

Sources & Official References

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