Q. My previous landlord is deducting $450 from my security deposit for re-painting. To my knowledge, paint is considered normal wear and tear under the Chicago City Tenant Ordinance. I did paint some of the areas for which he is charging me.

A walk-through was conducted with the building engineer at the time of my departure and the approval was given that the apartment was in good condition. To demonstrate my generosity, I moved out three days early to allow the new tenant to move in early. I highly doubt that the painting was completed as stated by the landlord.

The landlord did not return my calls, so I sent a certified letter requesting contact within five days of receiving the letter to avoid legal action. Do I have rights for a lawsuit?

A. Prior to threatening to sue, it is helpful to know whether your complaint has merit. Your landlord did not like your paint job. While re-painting is an improvement to cover up the normal wear and tear, the landlord apparently considered the result of your painting damage and not returning the unit to its condition before renting. Move-in/move-out photos could clear up his interpretation.

The building engineer was overruled by the management, which is not illegal. The landlord, under the Chicago Residential Landlord and Tenant Ordinance, is granted 30 days from move-out to write you a detailed notice of damage claims.

Your skepticism over whether his painting was actually done could be valid. The landlord is required by law to provide you with proof for repair work within 30 days of the damage notice, generally as paid receipts. Although a letter was not required by law, demanding proof is prudent.

Whatever is owed to you is required 45 days after moving, be that all the deposit plus interest if no claims are made, or the balance minus claims. Failure to follow the security deposit protocols could subject the landlord to a court-ordered payout of up to three time the deposit, plus lawyers' fees.

Work out an arrangement between the two of you privately or with the help of a mediator. Call (312) 922-6464 for free mediation. If this fails, you can try the courts.

Send questions to mediator Ed Sacks at Apartment Watch, Homelife, Chicago Sun-Times, 350 N. Orleans, Chicago, IL 60654, or e-mail him at apartmentwatch@earthlink.net.