A lot of drivers assume the Florida Lemon Law only helps people who buy their cars. That is not true. Florida Statutes Chapter 681 covers new and demonstrator vehicles that are sold or leased in Florida. If you signed a lease on a new car at a Florida dealership and that car keeps breaking, the law can work for you.
This post explains how the Lemon Law treats leases, what a lessee can recover, and the steps to take if your leased car will not stay fixed.
Does the Florida Lemon Law cover leased cars?
Yes. The statute defines a consumer to include the lessee of a new motor vehicle leased in Florida. The vehicle must be new or a demonstrator at the time of the lease, and the lease must take place in Florida.
The same basic rules apply to leases and purchases:
- The defect must substantially impair the use, value, or safety of the vehicle.
- Your rights run during the 24-month Lemon Law rights period, which starts on the date of delivery. You can read more in our guide to the Florida Lemon Law 24-month rights period.
- The manufacturer gets a reasonable number of chances to repair the problem.
Used cars and private leases of older vehicles do not fall under Chapter 681. If you leased a used vehicle, see our post on used car lemon law alternatives in Florida.
How the repair attempt rules work for a lease
Florida law sets up two main paths that suggest the manufacturer had a fair chance to fix the car:
- Three repair attempts. The dealer has tried to fix the same problem three or more times. After the third attempt, you send the manufacturer written notice, usually by certified mail, and give it one final chance to repair the vehicle.
- Fifteen or more days out of service. The car has spent 15 or more cumulative days in the shop for one or more covered defects. At that point you send written notice so the manufacturer can step in.
These rules do not change because you lease instead of own. The repair orders from the dealership are your proof, so keep every single one.
What a lessee can recover
This is where leases differ from purchases. When a leased vehicle qualifies as a lemon, the refund gets split between you and the leasing company.
In general terms:
- You can recover what you paid under the lease, including your down payment and monthly payments, plus certain collateral and incidental charges.
- The lessor (the leasing company that holds the title) receives the payoff amount it is owed.
- A use offset comes out of the consumer's recovery. Florida uses a mileage formula to account for the miles you drove before the first repair attempt for the defect.
The lease itself ends as part of the remedy, so you are not stuck making payments on a car the manufacturer took back. In some cases you can choose a replacement vehicle instead of a refund.