Can the violation of the rule be looked at a breach of contract between the tenant and landlord because it is the lease for the property provide safe place for tenants and repair aand maintain property. Is that not negligence?
Not quite. “To recover the breach of a contract
, a party must establish the following elements: ‘1) the existence of a valid and enforceable contract; (2) performance by the plaintiff; (3) breach of contract by the defendant; and (4) resultant injury to the plaintiff. Budget Rent-A-Car of Atlanta, Inc. v. Webb, 220 Ga.App. 278, 279, 469 S.E.2d 712, 713 (Ga.App. 1996)
This is not the case here.
But it is
a case of negligence per se
as described above, and may be sought relief for.
To sue in state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court. You only need one to sue (but you can have more). Here, this is arguably NEGLIGENCE PER SE.IMPORTANT
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