Gilbert, AZ Short-Term Rentals: Night Caps (2026)
Key Facts
- Annual Night Cap
- None (state-preempted)
- State Statute
- A.R.S. § 9-500.39
- STR Threshold
- <30 consecutive days
- Town Code
- Ch. 14, Art. III (no night limit)
- License Required
- Yes ($100 / year)
- Contact
- ShortTermRentals@gilbertaz.gov
Summary
The Town of Gilbert imposes NO annual or per-stay night cap on short-term rentals. Arizona Revised Statutes § 9-500.39 expressly preempts cities and towns from prohibiting STRs or capping the number of nights or units used as vacation rentals. Stays under 30 consecutive days are taxable transient lodging.
9-500.39. Limits on regulation of vacation rentals and short-term rentals; state preemption; civil penalties; transaction privilege tax license suspension; definitions. A. A city or town may not prohibit vacation rentals or short-term rentals. B. A city or town may not restrict the use of or regulate vacation rentals or short-term rentals based on their classification, use or occupancy except as provided in this section. A city or town may regulate vacation rentals or short-term rentals as follows: 1. To protect the public's health and safety, including rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control and solid or hazardous waste and pollution control, if the city or town demonstrates that the rule or regulation is for the primary purpose of protecting the public's health and safety. 2. To adopt and enforce use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under sections 42-12003 and 42-12004. [...] 5. To require the owner of a vacation rental or short-term rental to obtain and maintain a local regulatory permit or license. [...] K. A vacation rental or short-term rental may not be used for nonresidential uses, including for a special event that would otherwise require a permit or license pursuant to a city or town ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Under A.R.S. § 9-500.39 (originally SB 1350, 2016; amended by SB 1168 in 2022 and HB 2374 in 2022), Arizona cities and towns may not prohibit vacation rentals or short-term rentals or restrict their use, classification or occupancy except through fire, building, sanitation, traffic, noise and zoning rules applied uniformly to similarly classified residential properties. State preemption blocks Gilbert from enacting an annual cap on the number of nights a property may be rented or a town-wide cap on the total number of STR units. Gilbert Town Code Chapter 14, Article III (adopted June 2023) accordingly contains no nightly cap; it focuses on Town licensing, $500,000 liability insurance, emergency contacts, neighbor notice and nuisance enforcement. The only stay-length threshold is the state definition: rentals of less than 30 consecutive days are short-term and subject to Arizona TPT plus Gilbert's local lodging tax; stays of 30 days or more fall outside the STR ordinance. Confirm any pending changes with ShortTermRentals@gilbertaz.gov.
Violations & Fines
Because no Gilbert night cap exists, there is no per-night-cap citation. Operating without the required Chapter 14 Article III Town license still triggers escalating civil fines up to $500 / $1,000 / $3,500 under A.R.S. § 9-500.39, plus possible TPT license suspension by the Arizona Department of Revenue.
Frequently Asked Questions
Is there a maximum number of nights I can rent my Gilbert home short-term?
What counts as a short-term rental under Gilbert and Arizona law?
Sources & Official References
Other rules in Gilbert
Compare Gilbert to another location·View the Arizona short-term rentals overview
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