Can you rent out an ADU in Arizona?
Yes: where Arizona's ADU laws apply, the city or county cannot prohibit renting or advertising the house or the ADU separately as long-term rental housing, meaning a lease of 90 days or longer or month-to-month.
The protection covers either unit, the house or the ADU.12 The statutes define long-term rental as use "in which the tenant holds a lease of ninety days or longer or on a month-by-month basis".12
No relationship test
A city or county also cannot require a family, marital, employment or other preexisting relationship between the owner or occupant of the house and the person living in the ADU.12
What the statutes don't cover
- Short-term rentals. The ADU sections deal with long-term rental only.
- Owner occupancy. Neither section uses those words. What they protect is
renting either unit separately as long-term rental housing.
- Selling the ADU on its own. Nothing in either section lets an ADU be
sold separately from the house. They cover leasing.
- Private covenants. HOA deed restrictions are a separate question. See the
related answer.
Who publishes this
Kyrax Developments is a BC Housing-licensed builder based in British Columbia. It publishes this page as a reference to Arizona state law. The page is not legal advice and not an offer of construction services in Arizona. The city or county planning department has the final word on any specific lot.
One question per page. The first sentence is the answer. When a figure changes, the page changes and the verified date moves. All answers.