Why checks before signing are everything
Most deposit losses start with problems that could have been caught before the contract was stamped: the landlord was not the real owner, the property already carried heavy debt, or the deposit was far too high relative to the home's value. Once signed, things are hard to undo, and lawsuits cost time and money. So this guide follows the order 'before signing, signing day, right after moving in.' Not skipping steps is the most reliable protection. The more you are pushed to hurry, the more carefully you should check.
What to read in the property registry
Anyone can obtain a property registry extract from the court's online registry office. In the title section, confirm the address and floor area match the home. In section A, check the owner and any record of seizure, provisional seizure or auction. In section B, see how much debt, such as mortgages, is registered. If there is a mortgage, weigh that amount plus your deposit against the market value.
- Title section: address, unit number and area match the contract
- Section A: owner's name and any seizure, auction or trust record
- Section B: mortgages, lease rights and other prior claims
- Issue date is recent (an old extract means little)
Balancing deposit against market value
If the deposit is close to the sale price, even a small price drop can leave the owner unable to repay you by selling. Be especially careful with newly built multi-unit houses, where few transactions make prices hard to judge. Look up sale and lease transactions for the same or nearby buildings on the government's real transaction price system, and ask several agencies for comparisons. If the value is hard to pin down at all, that itself can be a warning sign.
Verify the landlord and the agent
Check with an ID that the person signing is the registered owner. If an agent appears, get a power of attorney and a certified seal certificate, and ideally call the owner directly to confirm. You can check whether the brokerage is registered through public lookup services. Unpaid taxes owed by the landlord may be settled ahead of your deposit, so confirm in official guidance whether you can request proof of tax payment or view unpaid taxes.
Special clauses to add
Beyond the standard form, writing clauses that fit your situation gives you grounds in a dispute. Discuss the wording with the agent, and for complex cases have a legal professional review it.
- The landlord will not register a new mortgage until the day after the final payment
- If guarantee insurance is refused, the contract is cancelled and the down payment returned
- If the confirmed rights change by the final payment, the contract can be cancelled
- Who handles repairs and how far restoration goes on move-out
Rechecking on signing day and payment day
Pull the registry again on the signing day and on the final payment day to confirm nothing has changed, because new mortgages or ownership changes do happen in between. Do not hand over the deposit in cash; transfer it to an account in the registered owner's name so there is a record. Get a receipt for each of the down payment, interim payment and balance.
What to do right after moving in
Your legal footing to protect the deposit comes from filings made right after moving in. Reporting your move-in and actually living there gives you opposability against third parties, and getting a fixed-date stamp on the contract supports your right to be repaid in order of priority if the home goes to auction. Rules govern when these take effect, so handling them on the final payment day is safest. Both can be done at a community service center or online, and they are sometimes processed together with the lease report.
- File the move-in report on the final payment day
- Get the fixed-date stamp on the contract
- Start the deposit guarantee application
- Keep the contract, receipts and transfer records
Guarantee insurance and a final caution
Deposit return guarantees pay you if the landlord cannot return the deposit. They have eligibility requirements and some homes are refused, so confirm eligibility before signing and tie it to a special clause. Follow the provider's official guidance for covered amounts and conditions. This article summarizes general checks and is not legal advice. If anything feels off, do not rush the contract; get help from a legal professional or a public counseling service.
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