It would depend on many different factors. The most important of which would be the Statement of Condition you most likely signed when first renting the apartment. If you did not sign a Statement of Condition and you have dated pictures of the stains your landlord most likely does not have a case to keep your security deposit.
What you are referring to when mentioning the showing of all of the landlord’s evidence is called “discovery,” this is one of the first steps of a lawsuit. After discovery you can ask the court for a directed verdict due to a lack of evidence.
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Photos are not required, but are a good piece of evidence. for landlord or tenants. Most landlords will not have photos of a home that does not have condition issues, but rely on the Tenant to complete a checklist upon move-in noting the condition. Please see the items you noted on the Inventory Checklist that you are required to complete and return to the Landlord within 7 days of move in. The landlord should have provided two copies, or carbon/NCR forms to complete and have you return. The idea being you keep one, and turn one in. See from their files what the inventory checklist states you found correct, or incorrect with the apartment upon move in.
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