Q. Earlier this year, the toilet in one of the bathrooms in the condo unit I rented overflowed at no fault of mine. It caused damage to the unit below.

The landlord went through her insurance and was informed that they would not cover the damage because she was not present when the incident occurred. She is now holding me liable and will not return my security deposit. Is this legal?

A. If the policy holder had to be present for every incident in order to be eligible for coverage, insurance would pay for very few claims.

Could it be that the landlord has insurance as an owner-occupant and not as a commercial renting venture? If you had renter's insurance, it might cover this situation at less expense than losing the entire deposit.

Even if the landlord had insurance, you can still be held financially liable. Insurance is not a money tree. Companies typically pay claims on behalf of the policyholder and then attempt to collect that payout from the person responsible.

In addition to plumbing work, there also are costly repairs to the floor, condo infrastructure, the neighbor's ceiling, walls, floors, and personal property.

Incidents in condos are governed by state law and the condo association's rules and bylaws. Usually, damages flowing from the inside of a condo unit are the responsibility of the owner.

In this case, your landlord disavows financial responsibility and puts the burden on you. Whether her insurance will not cover this or she cannot pay for it, she is looking to you for the cash.

If you do not want your security deposit drained, it is up to you to prove the overflow was a mechanical failure of your landlord's fixture, and not misuse by you or your guests.

Your landlord is required by law to prove her expenses by giving you copies of receipts for the repair work done. These are due within 30 days of her initial written notice. Failure to provide written notice 30 days after move-out requires the entire deposit to be returned 45 days after you left. Penalties on court order after a successful law suit are twice the amount of the deposit, plus the amount improperly withheld plus lawyers' fees.

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