When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of five years from the termination of the tenancy, or, where there has been no written lease, until the expiration of five 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 his landlord. But such presumptions cannot be made after the periods herein limited.
§ 326.Possession of Tenant Deemed Possession of Landlord
Title 2. Of the Time of Commencing Civil Actions · Chapter 2. The Time of Commencing Actions for the Recovery of Real Property · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 326 treats a tenant's possession as the landlord's possession for five years after the tenancy ends, or after the last rent payment if there was no written lease, even if the tenant later claims to hold adversely or acquires another title.
Full Text of § 326
Plain-English Summary
Section 326 protects landlords from losing title through a tenant who shifts from renting to claiming ownership. Whenever a landlord-tenant relationship has existed, the tenant's possession is deemed the landlord's own possession, not adverse to it, for five years measured from the end of the tenancy, or, if there was no written lease, from the date of the last rent payment.
That protection holds even if the tenant later claims to have acquired another title, or claims to be holding the property adversely to the landlord. But the presumption is not permanent: the section states plainly that it cannot be made after the five-year period has run.
Frequently Asked Questions
Can my tenant claim adverse possession while still renting from me?
Section 326 treats the tenant's possession as the landlord's own possession for five years after the tenancy ends, or after the last rent payment absent a written lease, regardless of any adverse claim the tenant makes.
How long does that protection last?
Five years from the end of the tenancy, or from the last rent payment if there was no written lease. Section 326 states the presumption cannot be made after that period.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: tenant adverse possession against landlord california