The Maximum Bounced Check Fee a Manhattan Beach Landlord Can Charge Under Civil Code Section 1719

Published August 10, 2026

California caps the service charge for a rent check returned on insufficient funds at 25 dollars for the first bounced check from a tenant and 35 dollars for each one after that, under Civil Code section 1719. A separate treble damages track exists only after a specific written demand.

The short answer

Civil Code section 1719 caps the service charge a landlord can charge a tenant for a rent check returned on insufficient funds at 25 dollars for the first bad check and 35 dollars for each one after that from the same tenant. A separate, larger treble damages remedy exists, but only after the landlord sends a specific written demand and the tenant still does not pay within 30 days.

Last verified: August 10, 2026

Why a Manhattan Beach landlord needs the exact number

A bounced rent check is a monthly-rent-sized headache for a small landlord holding a handful of Manhattan Beach units, and the temptation is to set a round number in the lease, 50 dollars or 75 dollars, because it sounds reasonable. Civil Code section 1719 does not work on what sounds reasonable. It sets a hard statutory ceiling, and a lease clause above that ceiling is not enforceable as written even if the tenant signed it.

The two numbers, and why there are two

Section 1719 splits the service charge by whether this is the tenant's first bounced check to you or a repeat.

First check: 25 dollars. The statute caps the service charge at "an amount not to exceed twenty five dollars ($25) for the first check" passed on insufficient funds, closed account, or a stopped payment issued to avoid a debt.

Each check after that: 35 dollars. For every subsequent bad check from the same payer to the same payee, the cap rises to "an amount not to exceed thirty five dollars ($35)."

Both numbers are ceilings, not entitlements. A landlord who charges the maximum is on solid ground under the statute. A landlord who invents a higher number is not, regardless of what the lease says.

Quick reference

| Situation | Maximum service charge | Written demand required first |

|---|---|---|

| Tenant's first bounced rent check to you | 25 dollars | No |

| Tenant's second or later bounced check to you | 35 dollars | No |

| Treble damages track | Treble the check amount, minimum 100 dollars, maximum 1,500 dollars | Yes, a specific certified written demand |

The service charge applies automatically, no demand letter needed

The 25 and 35 dollar figures are a direct charge you can add to what the tenant owes you once the check bounces. Section 1719 does not condition the service charge on first sending a formal demand letter. That written demand process is a separate, optional track for a much larger remedy, described next, and a landlord does not have to use it just to collect the standard service charge.

The treble damages track is a different tool with its own rules

Section 1719 also gives a payee the option to pursue treble damages, three times the amount of the check, if the drawer does not make the check good within 30 days of receiving a specific written demand. That demand has requirements of its own: it must be sent by certified mail, and it must tell the tenant the statutory basis for the claim, the check amount, and the service charge amount.

The treble damages recovery has its own floor and ceiling, not less than 100 dollars and not more than 1,500 dollars. The statute is also explicit that once a person becomes liable for treble damages, they are no longer separately liable for the service charge, so a landlord does not stack both remedies on the same check.

What section 1719 does not let you do

A landlord cannot skip the certified written demand and go straight to court asking for treble damages. A landlord cannot charge a bounced check fee above 25 or 35 dollars because the bank charged the landlord more, or because rent collection is a hassle. And a tenant has a defense: the statute carves out a check stopped in good faith over a real dispute, for example over undelivered services or goods, or property that was faulty or not as promised.

A practical process for a small portfolio

1. Set your lease's bounced check clause at exactly 25 dollars for a first occurrence and 35 dollars for each one after, so the number is never in question later.
2. Track bounced checks per tenant, not per unit, since the statute's escalation from 25 to 35 dollars runs by payer, not by property.
3. If a tenant's bounced check goes unresolved past a normal grace period, decide whether to pursue the treble damages track. That requires a certified written demand meeting the statute's content requirements, not a text message or a line in a late notice.
4. Keep a record of any tenant claim that a stopped payment was over a good faith dispute. That defense is built into the statute, and documenting your side protects you if it comes up.

FAQ

Can a Manhattan Beach landlord charge more than 35 dollars for a repeated bounced rent check?

No. Civil Code section 1719 caps the service charge at 35 dollars for each bounced check after the first from the same tenant, regardless of what a lease states.

Does the landlord have to send a formal demand letter before charging the 25 or 35 dollar fee?

No. That fee applies directly. The certified written demand is only required to pursue the separate treble damages remedy.

What is the treble damages remedy and when does it apply?

If a tenant does not make a bounced check good within 30 days of receiving a certified written demand that meets the statute's content requirements, the landlord may recover three times the check amount, with a minimum of 100 dollars and a maximum of 1,500 dollars.

Can a landlord charge both the service charge and treble damages on the same check?

No. Under section 1719, once a person becomes liable for treble damages, they are no longer liable for the separate service charge on that same check.

Does a tenant have any defense to a bounced check fee?

Yes. The statute exempts a check stopped in good faith to resolve a real dispute, such as undelivered services or goods, or goods or services that were faulty or not as promised.

Is the bounced check fee the same as a late rent fee?

No. These are separate issues under separate legal frameworks. A bounced check fee is set by Civil Code section 1719. A late rent fee is governed by the liquidated damages rules in Civil Code section 1671, which sets no fixed dollar cap.

This is general information, not legal advice. Confirm your lease language and collection process against the current statute at leginfo.legislature.ca.gov and with a licensed attorney for your specific property.

Topics: compliance, landlord law, rent collection, South Bay, Manhattan Beach

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