Surprise, AZ Short-Term Rentals: Night Caps (2026)
Key Facts
- Night Caps
- Not permitted by state law
- State Law
- ARS 9-500.39 preemption
- HOA Rules
- May impose separate limits
- 2022 Amendments
- SB 1350: no night cap authority
Summary
Arizona state law (ARS 9-500.39) preempts cities from imposing annual night caps or rental frequency limits on short-term rentals. Surprise cannot restrict the number of nights a property may be rented per year.
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.
F. Notwithstanding any other law, a city or town may impose a civil penalty of the following amounts against an owner of a vacation rental or short-term rental if the owner receives one or more verified violations related to the same vacation rental or short-term rental property within the same twelve-month period:
1. Up to $500 or up to an amount equal to one night's rent for the vacation rental or short-term rental as advertised, whichever is greater, for the first verified violation.
2. Up to $1,000 or up to an amount equal to two nights' rent for the vacation rental or short-term rental as advertised, whichever is greater, for the second verified violation.
3. Up to $3,500 or up to an amount equal to three nights' rent for the vacation rental or short-term rental as advertised, whichever is greater, for a third and any subsequent verified violation.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Arizona's short-term rental preemption statute (ARS 9-500.39) prevents municipalities from prohibiting vacation rentals or imposing caps on the number of nights a property can be rented. Surprise cannot limit annual rental nights. The 2022 amendments (SB 1350) restored some local authority around nuisance enforcement and occupancy but did not authorize night caps. Properties in HOA communities may face separate rental restrictions through CC&Rs, which are private agreements not subject to the state preemption law. Some Surprise master-planned communities have HOA rules limiting rental frequency.
Violations & Fines
Night cap restrictions cannot be imposed by the city under current Arizona law. HOA violations for exceeding CC&R rental limits are enforced through the association, not the city.
Frequently Asked Questions
Can Surprise limit how many nights I rent my property?
Can my HOA limit short-term rentals?
Did the 2022 STR law changes add night caps?
Sources & Official References
- [1]ARS 9-500.39
Other rules in Surprise
Compare Surprise to another location·View the Arizona short-term rentals overview
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Night Caps in Nearby Cities
How other cities in Maricopa County handle night caps.