Recalde Lemon Law

Leased Vehicles and the Florida Lemon Law: Yes, Leases Count

SituationsMay 3, 20265 min read read

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:

  1. 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.
  2. 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.

Common lease questions

Do I sue the dealer or the leasing company?

Neither one is the main target. Lemon Law claims run against the manufacturer. The dealer acts as the manufacturer's repair agent, and the leasing company simply holds the title. Our post on dealer vs. manufacturer responsibility breaks this down.

What if my lease ends before the claim is resolved?

Timing matters. Returning the car at lease end can complicate your claim, because the remedies center on the vehicle itself. If your lease is winding down while repairs drag on, talk to a lemon law attorney before you turn the car in.

Does mileage on a lease hurt my claim?

High mileage does not disqualify you. The 24-month rights period is measured in time, not miles. Mileage only matters for the use offset that reduces the refund.

What about wear-and-tear charges?

A Lemon Law buyback is not a normal lease return. The vehicle goes back because of the defect, not because the term ended, so standard turn-in inspections and disposition fees work differently. Get the details in writing before you agree to anything.

Steps to take right now

If your leased car keeps going back to the shop, do these things:

  • Keep every repair order and invoice, even for visits where the dealer "could not duplicate" the problem.
  • Track the dates the car sat at the dealership. Days out of service add up across different problems.
  • Send the written defect notice to the manufacturer once you hit three attempts or 15 days out of service. Use the state form and certified mail.
  • Do not stop making lease payments. Missing payments can hurt your credit and muddy your claim.
  • Act inside the 24-month rights period. Waiting can cost you the presumptions that make these cases work.

Florida also offers a state-run arbitration program through the Florida New Motor Vehicle Arbitration Board. Many lease claims resolve there without a courtroom. To understand the full framework, start with our overview of what the Florida Lemon Law is.

Think your car qualifies?

If your leased vehicle keeps breaking down and the dealer cannot fix it, find out where you stand. Take our free 2-minute case check or call Recalde Lemon Law at (305) 792-9100.

This article is general information about Florida law, not legal advice about your situation. Attorney advertising.