Question
Ally is a young female who recently moved into a security-controlled apartment complex on the outskirts of the city. Because Ally lives alone, it was
Ally is a young female who recently moved into a security-controlled apartment complex on the outskirts of the city. Because Ally lives alone, it was imperative for her to find a place where her safety would be guaranteed, being the main reason why she chose this particular apartment complex. Ally enters into a lease agreement with the landlord, Shaun. Before signing the agreement, however, Ally made sure that Shaun understood her safety concerns, and he promised her that the complex is patrolled by security officers on a daily basis. Shaun also explained to Ally that access to the complex could only be gained by those who possess a security code, as the gate would remain locked at all times. On this basis, Ally signs the lease agreement. Shortly after signing the agreement, Ally moves into her new apartment. One night, she is awakened by noises. She discovers that a stranger has broken into her apartment during the night. The intruder pushes Ally, which results in her breaking her arm. Luckily, before the intruder could harm her any further, he is frightened off by neighbours. Ally noticed that the front gate of the complex was standing wide open at this point, and that no security guards were patrolling the complex. Upon further investigation, Ally learns that security guards have not patrolled the complex for months, and that the front gate can be opened by anyone. Ally fears for her life and wants to move out of the complex, and she requests cancellation of the lease agreement. Shaun, however, refuses, and reminds her that the lease agreement contains no cancellation clause, and that she is accordingly obliged to give 90 days' notice of termination. Ally approaches you, and attorney, for further advice. Required: Fully explain what remedies are available to Ally in the above circumstances and apply it to the facts
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