N.D.C.C. § 28-01-12 § 28-01-12
When possession of tenant presumed to be possession of landlord.
Operative Text
28-01-12. When possession of tenant presumed to be possession of landlord.
Whenever the relation of landlord and tenant has existed, the possession of the tenant must
be deemed the possession of the landlord, until the expiration of twenty years from the
termination of the tenancy, or, when there has been no written lease, until the expiration of
twenty years from the time of the last payment of rent, notwithstanding that such tenant may
have acquired another title or may have claimed to hold adversely to the tenant's landlord. Such
presumptions may not be made after the periods herein limited.Under N.D.C.C. § 28-01-12, when a landlord-tenant relationship has existed, the law presumes that the tenant's physical occupation of the property counts as the landlord's possession — not the tenant's own independent claim — for up to twenty years after the tenancy ends or, if there was no written lease, for up to twenty years after the last rent payment. This presumption holds even if the tenant later acquires a separate legal title or openly claims to hold the property against the landlord's interest. Once those twenty-year windows close, the presumption no longer applies.
Plain English — not legal advice.
N.D.C.C. § 28-01-12 works in a property owner's favor by treating a former tenant's continued occupation as an extension of the landlord's own possession during the statutory period, which can be relevant to adverse possession disputes. Operators who maintain clear records of tenancy termination dates and rent payment histories are generally better positioned to establish when the twenty-year clock began running. Keeping written leases and documented payment records helps establish the timeline that determines how long this protective presumption remains in effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 28-01-12 limits a former tenant's ability to claim adverse possession or an independent ownership interest in property where a landlord-tenant relationship previously existed, for up to twenty years after the tenancy ended or the last rent was paid. Tenants who believe they have developed a legitimate ownership claim to property they have long occupied should be aware that this statutory presumption may affect how a court evaluates that claim. Consulting a tenant-rights organization or independent legal counsel can help clarify how this provision interacts with any specific ownership or occupancy situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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