Han Hyeong Lee & Hae Jeong Kang v. Park & Tsoi — Case Study

INTRODUCTION TO THIS LANDLORD AND TENANT BOARD OF ONTARIO CASE STUDY

This case highlights the strong tenant protections in section 51(1) of the Residential Tenancies Act, 2006 (RTA), which applies when a residential complex is converted to condominiums. The decision reversed an earlier eviction order, ruling that landlords cannot serve an N12 (landlord’s or purchaser’s own use) notice if the tenancy existed at the time of the condo conversion.

Understanding the Landlord and Tenant Board of Ontario

The Landlord and Tenant Board (LTB) resolves disputes under the RTA, including cases involving “own use” evictions (N12). Section 51(1) specifically prevents such terminations if tenants were in place when the property was converted to condominiums, protecting Ontario’s rental housing stock.

Background

• Property: 805, 15 Maplewood Ave., Toronto.
• Tenancy: Park and Tsoi began renting in 2017.
• Condo Conversion: On May 18, 2022, the property was formally converted into a condominium when the declaration and description were registered.
• Landlord Application: In 2023, the landlords served an N12 seeking possession for personal use. An eviction order was initially granted on July 2, 2025.
• Review Request: The tenants applied for review, arguing the order contained a serious error because section 51(1) barred the N12.

The Landlord and Tenant Board Review Hearing

Hearing & Appearances

The review was heard on July 31, 2025. Both landlords, their daughter/agent, the tenants, and the tenants’ legal representative appeared.

Tenants’ Position

• The property was not legally a condominium until the declaration was registered on May 18, 2022.
• The tenancy clearly existed before that date (since 2017).
• Under section 51(1) RTA, no N12 could be served because they were tenants at the time of conversion.
• Court precedent confirms a condominium corporation is only created upon registration of the declaration and description.

Landlords’ Position

• The property had always operated as a condominium, so no “conversion” occurred.
• Payments, agreements, and draft approvals existed long before 2022, showing condominium-like status.
• The tenants were relitigating an issue already decided, and the earlier eviction order should stand.

ANALYSIS AND DECISION

1. The Board found the original eviction order contained a serious error in law.
2. There was no condominium corporation in existence before May 18, 2022. Registration of the declaration and description on that date constituted the legal conversion.
3. Section 51(1) applies based on the plain wording: if a tenant is in possession when a property becomes subject to a registered condo declaration, no N12 can be served.
4. The tenants had been in possession since 2017 — well before the conversion.
5. The eviction order was cancelled and the landlords’ application dismissed.

ORDER

1. The July 2, 2025 eviction order is cancelled and unenforceable.
2. The landlords’ application to terminate the tenancy is dismissed.

Why This Case Matters

This decision is an important precedent on condominium conversions. It clarifies that tenants who were in possession when a building is converted to condos cannot be evicted for landlord’s or purchaser’s own use.

For tenants: If you were renting when your building became a condominium, you may be protected from N12 evictions under section 51(1).

For landlords/purchasers: Even if you acquire a condo unit, you cannot displace tenants who were in possession at the time of conversion using an N12.

Practical Takeaways

• Track registration dates: The official registration date of the condo declaration is the key trigger for section 51(1).
• Tenant protection is automatic: It does not matter whether the building was “intended” as a condo earlier — what matters is the legal registration.
• Plan accordingly: Buyers of condo-converted buildings must account for sitting tenants who may not be removable through N12 notices.

Final Thoughts and Seeking Legal Counsel

This case shows the importance of understanding Ontario’s RTA protections in condominium conversions. Landlords and purchasers must carefully consider whether tenants are protected before serving eviction notices. Tenants should know their rights to remain in place if they were renting at the time of registration.

Contact YLAW for Landlord and Tenant Board Cases

At YLAW, we help landlords and tenants navigate disputes, including N12 notices, condo conversions, and section 51(1) protections.

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This case study is provided for information only and is not legal advice.

Decision source: LTB Order LTB-L-000021-23-RV, Aug 25, 2025.