Neither of my televisions is turning on and I think its due to the water. The unit itself at 81 Cove Street in New Bedford MA is clean and provides carts for moving personal property. 2A:44-187, et seq. A. Kendall alleges that Defendants sent him monthly invoices for rent and annual rate change notices, which informed him of rent increases and that "[a]ll other terms of [the] rental agreement continue to remain in effect." . "); Barbarino v. Paramus Ford, Inc., Dkt. Id. Finally, the court should assume the veracity of all well-pled factual allegations, and then "determine whether they plausibly give rise to an entitlement to relief." Or, the facility might indicate that you could or should have bought storage insurance to cover your possessions. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. See Cablevision of Oakland, LLC v. CK Bergen Holdings, LLC, No. I had to once carry HEAVY furniture up the stairs to the 2nd floor, just to get to my storage unit. "item": N.J.S.A. 2d 256, 268 (D.N.J. Ins. B 4 (emphasis added). I couldnt tell they were damaged because on the outside they seemed fine. . Ex A 15, violates a clearly established right under the SSFA. LEXIS 114955, *10-11 (D.N.J. The following companies are our partners in Storage Units:SpareFoot, andMakeSpace. at 39. An obvious infestation! 7, 2016). B 2. My husband and I used a Cube Smart in Summerville, SC and had a great experience, so we decided to stay with Cube Smart when we needed to move our storage unit items to Greenville. Some companies might require a minimum six-month contract, meaning youd pay for three months you didnt need. at 31-32. 541, and, therefore, any "right" implicated by this provision of the Lease would belong to the bankruptcy estate and not Plaintiff as the debtor. "[A] plaintiff must establish 'the extent of any ascertainable loss, particularly proximate to a misrepresentation or unlawful act of the defendant condemned by the [Act].'" We offer storage, service, and solutions sure to exceed your expectations. While water damage restoration usually does not require certification, it should ideally be performed by a . (quoting Sauro, 2013 U.S. Dist. Defendants' argument that the Rider's provision would ultimately be construed in favor of consumers (and in accordance with the SSFA) if a consumer brought suit misses the point. "), appeal docketed, No. It's what elevates a career at CubeSmart above other jobs-storage, retail, customer service, corporate you name it. Compl. We use cookies to provide necessary website functionality, improve your experience and analyze our traffic. (Industry average is 4% annually) Manager simply doesn't care and is rude. and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. Myska v. New Jersey Mfrs. at 19. Plaintiff does not allege that he would not have stored the property in the rental unit after August 2013 had the Lease been properly updated, or that he would have sought written consent from Defendants to store (or continue to store) personal property with a value in excess of $5,000, or even whether he would have opted to participate in the Cubesmart Property Guard Program. While the remand motion was pending, Defendants filed the instant motion to dismiss on October 5, 2015. The Bankruptcy Code provides that an unexpired lease of a bankruptcy debtor: Defendants argue that there is no consumer right at issue with respect to this provision, since the filing of a bankruptcy petition operates to create a bankruptcy estate, 11 U.S.C. Learn more. See In re Blakeley, 363 B.R. But sellers cannot include invalid terms, discouraging consumers from exercising their clearly established rights and, at the same time, avoid liability under TCCWNA by including general assurances that those terms of the consumer contract would only be exercised in compliance with applicable law. Paragraph 3 on the Rider merely provides that: "Any notice, including, without limitation, the Denial Notice shall be presumed delivered when it is deposited with the United States Postal Service and properly addressed with postage prepaid." Compensation, along with hours of in-depth editorial research, determines where & how companies appear below. Currently, CubeSmart is not rated by the BBB, but there are 106 complaints, mostly revolving around issues with late rent payments and other location-specific complaints. I have wet stains on my boxes and mold on my sheets in my storage unit. . What can she do? Data as of August 2022. Defendants also argue that Paragraph 9's limitation on the value of property Plaintiff could store in the rental storage unit to $5,000 is not a violation of TCCWNA. She said I couldn't get in because my code wouldn't work. A 23 ("This Lease shall be governed by and construed and enforced in accordance with the laws of the state where the Property is located. CubeSmarts maximum grace period is 30 days. III.A.i. CubeSmarts coverage options range from a $2,000 to $5,000 policy amount, with monthly costs ranging from $12 to $27. BER-L-2856-15; BER-L-3010-15, 2015 N.J. Super. at 30; Ex. . Accordingly, Defendants' motion to dismiss Count I of the Complaint, to the extent those accounts assert violations of Section 15 of the TCCWNA, N.J.S.A. 3d at 213. Second, where savings language merely represents an "attempt by the drafter to conform to New Jersey laws," Section 16's specification requirement is not triggered. What Are the Cheapest Truck Rental Companies? View Top 10 List How is CubeSmart rated? Finally, Defendants move to dismiss all of the Counts of the Complaint insofar as they are asserted against Defendant Marr individually, arguing that Marr is not subject to the TCCWNA because Plaintiff's contract was executed with CubeSmart and Marr is not a party to that contract. at 109-10; Ex. "itemListElement": To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. See Walters, 2016 N.J. Super. Id. Id. LEXIS 2197, *10 (Law Div. Its best features include low prices and month-to-month storage contracts. Not looking forward to having to endure the smell as we move our belongings next week. CubeSmart is more than a storage space with four walls and a door. With hundreds of locations across the United States, CubeSmart offers storage solutions for individuals, including storage for cars, RVs, and boats as well as office space rentals for business owners. Bistrian v. Levi, 696 F.3d 352, 365 (3d Cir. To find out more about how we make money and our editorial process,click here. Suggests it's a "supply and demand" issue. On July 2, 2015, Plaintiff filed this putative class-action lawsuit against Defendants in the Superior Court of New Jersey, Law Division, Middlesex County, under docket no. (emphasis added); see also Coastal Fed. So its a solid pick if you want to save money and can find nearby locations. Some facilities offer climate-controlled units as well. Account Number. Stated another way, TCCWNA permits sellers to expand valid terms of a consumer contract so that they extend to the fullest degree allowed by law. Mar. B 3. Here, while Plaintiff's allegations groups Marr together with the other Defendants collectively in the Complaint, Compl. 's K, L. Kendall did not sign the General Release of Liability. Just about every aspect of the experience is now in the palm of your hand. Click here for offer details. Speaking to ou attorneys about this awful place 622 Capital Blvd, Raleigh, NC 27603. Cf. Thus, this provision instead acts like a severability clause, protecting the remaining clauses of the Rider in the event that a local ordinance or municipal code provision might prohibit auctions or auction fees. Iqbal, 556 U.S. at 678. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. In addition brown bugs (not sure if they were roaches) were scurrying around. Angstadt v. Midd-West Sch. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. The workers, especially the manager Samila was extremely apologetic, we all took photos as we removed my items and me in tears. Attachment No's. CubeSmart has hundreds of locations across the country. Drop file here. CubeSmart doesnt lock you into long-term contracts. CubeSmart Water damage. This standard requires the plaintiff to show "more than a sheer possibility that a defendant has acted unlawfully," but does not create as high of a standard as to be a "probability requirement." A CFA claim requires a plaintiff to establish three elements: (1) unlawful conduct by defendant; (2) an ascertainable loss by plaintiff; and (3) a causal relationship between the unlawful conduct and the ascertainable loss. 30, 33 (App. Now when they are at fault for your storing your items in filthy infested storage facility, that you wont get a phone call for. Buyer beware. Nowhere in the statutory text or the legislative history is the requirement of the seller to explain every nuance of New Jersey law."). Instead, the Rider provides that "If, as a result of Occupant's default, Owner proceeds with a public sale of the Personal Property pursuant to N.J.S.A. 365. He would love to hear about your moving experiences and questions at kurt@move.org. Hello my name is Omar naser I'm currently a cubesmart customer on 1526 N Shepherd DrHouston, TX 77008 unit A 4056 the manager there is giving me a hard time and keeps . { Plaintiff leased a storage space from Defendants in 2010 and subsequently discovered that his personal property had been damaged by a water leak in the rental unit. Awful! Id. Ex. 365, in violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. Id. A-2767-12T4, 2014 N.J. Super. The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. Our analysis over the last 18 months shows that CubeSmarts prices and customer reviews have improved, while its storage availability has remained relatively stable: CubeSmart is worth considering if you value low prices and accessibility. Attachment Ex. Instead, Paragraph 14 unequivocally states that a private sale may occur: "Owner may sell the Personal Property, or any part thereof, without notice to Occupant, at public or private sale in the manner permitted by applicable law," Compl. How Do I Set Up Home Services in My New Home? BER-L-9571-14, 2016 N.J. Super. CubeSmart Water damage BadBizReport November 17, 2021 Leave a Comment on CubeSmart Water damage. 's A-795-15; A-796-15. I have wet stains on my boxes and mold on my sheets in my storage unit. We know we can only be successful if we take your trust in us seriously! CubeSmart complaint: Water damage. Id. Call 877-659-1440 to pay your bill by phone with our automated phone payment system. However, with respect to the second element, Plaintiff has only identified one provision which "state[s]," either expressly or implicitly, that any of its provisions may be void, unenforceable, or inapplicable in some jurisdictions. Defendants also point out that the exculpatory clause must be read holistically, emphasizing that the provision includes a "lengthy list of external and third-party causes," which Defendants characterize as "clear limiting language." Your email address will not be published. Accordingly, Defendants' motion to dismiss Plaintiff's claim that the provisions of Paragraph 15 of the Lease allowing private sales without notice violated Section 15 of the TCCWNA is denied. They did not. 56:12-18; Manahawkin Convalescent v. O'Neill, 217 N.J. 99, 125 (2014). LEXIS 58144, *29-30 (D.N.J. CubeSmart has vehicle storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs. Daniel and Nick were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since. With CubeSmart's new mobile app, self-storage is finally as easy as it should be. Id. This is completed by professional technicians who are certified to follow industry standards using the proper methods and tools. Castro v. Sovran Self Storage, Inc., 114 F. Supp. Im confused about how this happened. Average CubeSmart self-storage prices for automobiles are around $180 per month. 348-9 (1977)) (citing Senate Report No. Defendants argue that Plaintiff has failed to sufficiently plead a violation of the CFA by failing to allege unlawful conduct by Defendants and a causal connection between any unlawful conduct and his ascertainable loss. 56:12-14, et seq., and (2) individually, that Plaintiff's leasing documents contained a limitation on liability provision which violated the New Jersey Consumer Fraud Act ("CFA"), N.J.S.A. Importantly, however, the Rider is a New Jersey-specific document (albeit one attached to a multi-jurisdictional contract). Once your rent is a month late, the self-storage company will lock your unit and conduct a storage auction. According to the Complaint, the Lease allegedly contains provisions which (1) purport to exculpate Defendants from all liability including, but not limited to, liability for personal injury claims by business invitees arising out of Defendants' own intentional or negligent acts or omissions; (2) permit Defendants to sell personal property at (i) private sales (ii) without notice; and (3) permit Defendants to declare the Lease in default in the event that a lessor files for bankruptcy. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. I have escalated it to see if his supervisor returns a call. When read in tandem, Defendants argue this Paragraph does not contain an ipso facto clause because it does not provide for the "automatic" termination of the Lease, but merely purports to empower Defendants to declare a default if Plaintiff files a bankruptcy petition and Defendants seek to terminate the Lease "in a manner provided by law." All units are available on month-to-month contracts, and rent is due on the first of each month. Count I alleges violations of both Sections 15 and 16 of the TCCWNA as to the Lease, whereas Count II alleges only one violation of Section 16 of the TCCWNA in the Rider. With storage locations nationwide, youre sure to find a CubeSmart location in your area. However, the Complaint does not allege that Paragraph 9 is a violation of TCCWNA. 109-10; Ex. N.J.S.A. First, with respect to the Lease (Count I), Plaintiff has sufficiently alleged the first and third elements of his Section 16 claim. 56:12-16. Register a new account. Thus, it would appear that even if every term of consumer contract is enforceable in New Jersey, if the contract states (explicitly or implicitly) that some terms may not be enforceable in some jurisdictions, it must also state that all of its terms are enforceable in New Jersey to satisfy Section 16. Water ruined his vinyl, but store owner gets by with a little help from his friends Sean McHenry Apr 12, 2023 "We had a fire next door and then we had a lot of flood damage due to that fire," said . ; see also Iqbal, 556 U.S. at 678-79 ("While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations."). As discussed in more detail below, Plaintiff has sufficiently alleged that these provisions violate clearly established legal rights of a consumer and/or responsibilities of a seller, lessor, creditor, lender or bailee. According to the 2021 Self Storage . I can't believe the insurance didn't cover mice. Id. at 39, 46-47. LEXIS 491, *11 (App. . LEXIS 58144 at *4-5, 29-30). at 86-87, 94(a), (b). 463, 467 n.4 (Bankr. For example, it partners with Penske Truck Rental and offers 10% discounts. I was in a storage bldg late at night, my unit on the 2nd floor. What Are Climate-Controlled Storage Units? Defendants' motion to dismiss Counts I and II of the Complaint is granted to the extent that those counts fail to allege violations of N.J.S.A. CubeSmart has some of the lowest prices in the storage unit industry. Unpub. D. Utah 2007) ("A contract provision which permits a creditor to declare a contract in default by virtue of the other party's insolvency or bankruptcy is generally referred to as an ipso facto clause. These include: First month for $1 and 15% off monthly rental cost when you make your rental reservation online. at 18; Ex. Save my name, email, and website in this browser for the next time I comment. Watkins v. DineEquity, Inc., 591 F. Appx. Then my unit was broken into again in March 2023. Similarly, with respect to Defendants' argument that the Rider cures the Lease's provision which allows a sale to occur without notice, Defendants cannot point to any such provision in the Rider. To find out more about how we make money and our editorial process, click here. With CubeSmart, you pay for only as long as you need a storage unit. On February 1, 2015, Kendall requested that Defendants pay him $40,874.96 to "resolve the property damage matter." The Lease was entered into by Kendall and Storage Asset Management, LLC, which the Complaint alleges "was an agent for U-Store-It and is an associated name of Defendant CubeSmart Asset Management, LLC." 2016) case opinion from the District of New Jersey US Federal District Court Id. Id. ComplaintsBoard.com is a leading complaint resolution website on the Internet. CubeSmart shouldn't have allowed mice, or any other kind of nibbling pest, to invade your storage facility. 15-6098, 2015 U.S. Dist. Id. Additionally, there is office space rental available in some locations. Lets look at how this applies to the insurance for your self-storage facility. The claims against Defendant Marr will be analyzed separately, infra. Any reference in this website to third party trademarks is to identify the corresponding third party goods and/or services. 56:12-15 as to all Defendants, except Marr; all of Plaintiff's claims against Marr in Count I are dismissed without prejudice. His writing has been featured in hundreds of publications, including USA Today, Martha Stewart Living, Country Living, Good Housekeeping, Heavy, Slate, and Yahoo! at 61-63; Ex. Br. 56:12-15. Ex. 3d at 511. And, if it did, then the company should have taken responsibility for the damage especially if you bought its insurance policy. Rent is paid month-by-month, and there are discounts available for active military service members. Individuals should review their rental contractincluding addendumsfor a complete description of the policy's terms, conditions, and exclusions. As one court explained: The Court notes that while courts are in agreement that a contract that "implies" that its terms are unenforceable in any jurisdiction triggers Section 16's specification requirement, there is some disagreement regarding how such an implication is stated. My Mattress cover had holes and torn from these rodents. The Complaint identifies five provisions of the Lease that Plaintiff alleges trigger Section 16 of the TCCWNA: Second, with respect to the Rider (Count II), Plaintiff alleges Section 16 is triggered by the provision that states: "[i]n the event Occupant is in default under the Lease and Owner, if permitted by law, proceeds with an auction of Occupant's Personal Property, Occupant shall pay an auction fee in the amount of $95.00, in addition to all other reasonable costs of sale." Business. We used the Cubesmart on Grand Street in Elizabeth, NJ (027) for about 9 months. Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464, 473 (1988) (quoting Ramanadham v. N.J. Mfrs. The process consists of inspection, extraction, dehumidification, sanitation, and reconstruction (if necessary). Defendants' motion to dismiss Count III is granted, and Plaintiff's claim under the CFA is dismissed without prejudice. 's A-795-15; A-796-15. With hundreds of locations across the United States, CubeSmart offers storage solutions for individuals, including storage for cars, RVs, and boats as well as office space rentals for business owners. CubeSmart denied my request for a refund. ASAP Tickets Refusing refund the whole amount despite the protection plan. Bosland v. Warnock Dodge, Inc., 197 N.J. 543, 555 (2009) (citations omitted). I didn't leave my storage unit in that way. I have wet stains on my boxes and mold on my sheets in my storage unit. . 1 month's rent free, 15% off monthly rent. Original review: March 25, 2023. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. LEXIS 119810, *15-16 (D.N.J. CubeSmart - controlled storage unit. LEXIS 498 at *16 ("If a consumer contract is or may be used in multiple jurisdictions and expressly states that any of its provisions are or may be void, unenforceable, or inapplicable in certain of those jurisdictions, the contract must specify how these provisions are void, unenforceable, or inapplicable in New Jersey."). 56:8-1(d), which courts have interpreted as providing sufficient statutory authority for the imposition of individual liability under the CFA without the need to engage in an piercing-the-corporate-veil analysis when considering individual liability in connection with the alleged unlawful activity of a business entity. The average monthly cost of a CubeSmart self-storage unit is approximately $160. 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( citing Senate Report No photos as we removed my items and me tears. Well as the mold on my boxes and mold on my sheets in my Home! Each month are dismissed without prejudice extraction, dehumidification, sanitation, and.... Dineequity, Inc., 197 N.J. 543, 555 ( 2009 ) ( citing Report. Kind of nibbling pest, to invade your storage facility endure the smell as we cubesmart water damage. 2Nd floor their rental contractincluding addendumsfor a complete description of the experience is now in the unit! Insurance to cover your possessions get to my storage unit other kind nibbling! Returns a call successful if we take cubesmart water damage trust in us seriously that. 2,000 to $ 27 rent free, 15 % off monthly rental cost you... ( industry average is 4 % annually ) Manager simply does n't care and is rude include: first for. The CubeSmart on Grand Street in New Bedford MA is clean and provides carts for moving personal property your facility... 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