How Many Days Out of Service Makes a Car a Lemon?
In many states, a new car that spends a cumulative 30 or more days in the shop for warranty repairs during the early ownership period is presumed a lemon. The days add up across visits. The exact number and window vary: New Jersey uses 20 days, and California requires more than 30. Check your state's rule.
Has your car spent weeks at the dealer? See whether your days out of service support a claim.
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Most state lemon laws give you two main ways to show the manufacturer had a fair chance to fix your car. One counts repair attempts for the same defect. The other counts the total days the car sat at the dealer for warranty repairs. If you meet either test within the state's window, the law presumes the manufacturer had a reasonable opportunity to repair it. Our guide to reasonable repair attempts covers the first test; this article covers the second.
The days are cumulative. Ten days in March, twelve in June, and nine in October add up to thirty-one. And in several states the days can come from more than one defect: Florida and New York both count days out of service for "one or more" nonconformities.
A presumption is a starting point, not a guaranteed result. The defect still has to be covered by the warranty and substantially impair the car's use, value, or safety, and the manufacturer can try to rebut the presumption. Results depend on the facts of each case.
How many days does each state require?
The numbers below come from each state's statute or its official consumer agency. Other conditions apply in each state, including notice requirements, so read the full law or use our state law lookup before you rely on a number.
| State | Days out of service | Window | Statute |
|---|---|---|---|
| California | More than 30 calendar days, cumulative | 18 months or 18,000 miles from delivery, whichever first | Cal. Civ. Code 1793.22(b)(3) |
| Florida | 30 or more days, cumulative (60 for recreational vehicles), with written notice to the manufacturer at 15 days | Lemon Law rights period: 24 months from delivery | Fla. Stat. 681.104(1)(b), (3)(b); 681.102 |
| Michigan | 30 or more days or parts of days | The express warranty term or 1 year from delivery, whichever is earlier | MCL 257.1403(5)(b) |
| New Jersey | 20 days total (45 for a motor home) | 2 years or 24,000 miles from delivery | New Jersey Lemon Law, per the NJ Division of Consumer Affairs |
| New York | 30 or more calendar days, cumulative | First 18,000 miles or 2 years from delivery, whichever first | N.Y. Gen. Bus. Law 198-a(d) |
| Texas | 30 or more days, cumulative | Before the earlier of warranty expiration or 24 months or 24,000 miles from delivery | Tex. Occ. Code 2301.605(a)(3) |
Many other states use a similar 30-day test with their own window and conditions. If your state is not listed, look it up in the state law lookup or compare states side by side with our state lemon law comparison tool.
What counts as a day out of service?
This is where the statutes differ in the details. California and New York count calendar days, so weekends and holidays count. Michigan counts "days or parts of days," so a car dropped off in the morning and picked up that evening can still count. Florida excludes downtime for routine maintenance from its 15-day notice trigger. Beyond the text of each statute, questions like whether days waiting for parts count, or days when the car was ready but you could not pick it up, depend on the state and the facts.
What almost always matters is proof. The dates in and out on each repair order are the record of your days. If a repair order is missing a date out, ask the dealer to correct it while the visit is fresh.
What if your state window has passed or your days fall short?
The days test is only one path. You may still qualify through the repair-attempt test, and in some states through a serious safety defect that was not fixed after fewer attempts. If you are outside your state's window, the federal Magnuson-Moss Warranty Act may still help. MMWA applies nationwide to consumer products sold with a written warranty and asks whether the manufacturer had a reasonable opportunity to fix a covered defect. It does not set a fixed number of days, so long stays at the dealer during the warranty can still be strong evidence. Our comparison of MMWA and state lemon laws explains how the two fit together, and our guide on how long dealers have to fix a car covers repair time from another angle.
Deadlines to file also apply. Check yours with our statute of limitations calculator.
How to track your days out of service
- Get a repair order for every visit, with the date in, the date out, the mileage, and your complaint.
- Log each visit in our repair attempt log and keep a running total of days.
- Note loaner and rental dates. A loaner does not stop the clock on your car being out of service, and the records help confirm the dates.
- Watch for notice triggers. Some states, like Florida, require written notice to the manufacturer at a set point.
- Talk to a lawyer once the total approaches your state's number.
Frequently asked questions
Do the days out of service have to be in a row?
No. In the states listed here, the test counts a cumulative total. Days from separate repair visits add together as long as they fall within the state's window.
Do the days have to be for the same defect?
Not always. Florida and New York count days out of service for one or more nonconformities, so days for different defects may add together. Other states word it differently, so check your state's statute.
Does getting a loaner car stop the days from counting?
Generally no. The test measures the days your car was out of service for repair, not whether you had something to drive. Keep the loaner paperwork, since it helps confirm the dates.
Is 30 days in the shop automatically a lemon?
No. Reaching the number creates a presumption in many states, but the defect must still be covered and substantially impair the car's use, value, or safety, and the manufacturer can try to rebut it. Results depend on the facts.
My car was out of service for 30 days but my state's window has passed. Do I have options?
Possibly. You may still qualify under the repair-attempt test, and the federal Magnuson-Moss Warranty Act may apply nationwide while the written warranty covers the defect. Time spent at the dealer is still useful evidence.
Sources
- California Civil Code 1793.22 (California Legislative Information)
- Florida Statutes 681.104 (Florida Legislature)
- Florida Statutes 681.102, definitions (Florida Legislature)
- Michigan Compiled Laws 257.1403 (Michigan Legislature)
- New Car Lemon Law consumer brief (New Jersey Division of Consumer Affairs)
- New York General Business Law 198-A (New York State Senate)
- Texas Occupations Code 2301.605 (Texas Legislature)
Too many days at the dealer?
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