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Lemon Law for Leased Cars

If you lease, you have lemon law rights too. In 49 of the 51 jurisdictions in our records, the law covers leased vehicles directly. Nevada and New Mexico are less clear, so read their pages if you live there.

The short versionA lessee can usually bring the same claim as a buyer. The difference is who gets paid: when a leased vehicle is taken back, the leasing company is paid what it is owed first, and you receive the rest, including what you paid in.

Who is covered

You do not have to own it

The lessee has the rights

Lemon laws speak of a "consumer". In most states that includes someone who leases a vehicle for personal use, not only someone who buys one.

The leasing company owns the car

The lessor holds the title. A refund therefore has to settle the lease, which is why the lessor is paid first.

The manufacturer is the one to tell

The warranty is the manufacturer's. Give it your written notice and repair history, not only the dealer or the leasing company.

For example, Ohio's law covers a lessee of a motor vehicle under a lease at a periodic charge for a term of thirty days or more, where someone other than the user holds the title.

The refund

How a refund works on a lease

Your state's law sets the exact list. As a guide:

What to compareUsually includedOften limited or deducted
What you paid inLease payments made and any amount paid at signingA deduction for the miles you drove before the problem was first reported for repair
FeesFees paid at the start, such as registration and title, where the state allows themCharges the state does not list as refundable
The leaseThe manufacturer settles the lease with the lessor, so you are released from itEarly-termination charges: who bears them depends on the state
Who is paid firstThe lessor receives what it is owed; you receive the balanceNothing to you if the lessor's balance is larger than the refund
Extra costsTowing, a rental car, meals and lodging you paid while the vehicle was being repairedCosts you cannot document

Ohio's refund section, for example, has the manufacturer pay the lender or lessor first, which then remits any remainder to the consumer.

Where it is less clear

Two states to check

In our records, Nevada and New Mexico do not clearly cover lessees by statute. Read their pages before you rely on a lemon law claim there.

NevadaNew Mexico

The other 49 jurisdictions are marked as covering leased vehicles in our records. Each state's page has its details.

Good to know

What is different when you lease

  • Keep your lease agreement: it shows the payments, the mileage allowance and the fees
  • Keep your lease in good standing while a claim is pending, unless a lawyer advises otherwise
  • Ask the leasing company what it needs to release the vehicle and settle the lease
  • Keep every repair order and the list of days in the shop, exactly as you would if you had bought
The cost

What it costs you

Most lemon law attorneys represent consumers with zero out-of-pocket costs. Thanks to state and federal fee-shifting laws, the vehicle manufacturer is legally responsible for paying your attorney's fees when you win or settle your claim. Always review your specific retainer agreement with your attorney.

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Sources. State lemon law statutes (for example Ohio Rev. Code §§ 1345.71 and 1345.72), cited on each state page; LemonIQ's state records; the Center for Auto Safety, autosafety.org. Lemon Learn is general information, not legal advice.