Surprise, AZ Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- State Law
- ARS 9-500.39 (SB 1350)
- Occupancy Standard
- Based on bedroom count
- Events Prohibited
- No party houses
- Community Development
- (623) 222-1200
Summary
Arizona SB 1350 (2022) allows cities to impose occupancy limits on short-term rentals. Surprise enforces limits based on bedroom count. Rentals may not exceed the number of bedrooms multiplied by two, plus additional guests up to the property's posted maximum.
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.
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
Arizona SB 1350 (2022) restored some local authority over short-term rentals after SB 1350 (2016) largely preempted municipal regulation. The City of Surprise may set and enforce occupancy limits on vacation rentals. Occupancy is generally limited based on bedroom count with a formula of two persons per bedroom. Short-term rental operators must post maximum occupancy inside the property. Advertising the property for events or parties exceeding posted occupancy may trigger enforcement. The law allows cities to restrict rentals used for parties, events, or gatherings that create neighborhood disturbance. Contact Community Development at (623) 222-1200.
Violations & Fines
Exceeding posted occupancy limits or hosting prohibited events may result in fines per ARS 9-500.39. The city may impose civil penalties up to $500 per day for verified violations. Repeated violations may result in additional enforcement.
Frequently Asked Questions
How many guests can stay in a Surprise short-term rental?
Can I host events at my Surprise vacation rental?
What changed with Arizona's STR laws?
Sources & Official References
Other rules in Surprise
Compare Surprise to another location·View the Arizona short-term rentals overview
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Occupancy Limits in Nearby Cities
How other cities in Maricopa County handle occupancy limits.