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.
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.
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.
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Side-by-side rule comparisons with other cities in Maricopa County.
See how other cities in Maricopa County handle night caps.
See how Surprise's night caps rules stack up against other locations.
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