-------- Plaintiffs counter by arguing the TCCWNA applies to omissions made in an affirmatively provided, Courts have allowed TCCWNA claims to proceed when those claims were based on exculpatory clauses that, Full title:STEVEN KENDALL, on behalf of himself and others similarly situated, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. BER-L-9571-14, 2016 N.J. Super. Plaintiff alleges his ascertainable loss is the value of his personal property and moving costs. Compl. When reviewing a motion to dismiss, courts must first separate the factual and legal elements of the claims, and accept all of the well-pleaded facts as true. 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."). And, if it did, then the company should have taken responsibility for the damage especially if you bought its insurance policy. 15 Hits. Instead, it lets you rent storage space on a monthly basis. Bank, 637 F. Supp. If you have anything of value I would highly suggest you not use this facility. You can also rent Cubesmart self-storage units for vehicles for under $200 per month. The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. Id. Id. 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. Id. Id. Leave a comment for CubeSmart Storage Units. Fitness Int'l, LLC, 12-3682, 2013 U.S. Dist. I would like for them to at least compensate me for all my losses. 56:12-17. Reviews on Trustpilot are mixed, but also focus on specific storage facilities. For one year of storage, CubeSmart self-storage can save you nearly $400 compared to other companies. I have wet stains on my boxes and mold on my sheets in my storage unit. CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. 59 (1978)) (emphasis added); see also In re Tobago Bay Trading Co., 112 B.R. The following facts are drawn from the Complaint and attached exhibits, and are assumed to be true. All units are available on month-to-month contracts, and rent is due on the first of each month. 3d at 511. I didnt leave my storage unit in that way. And we work together, as a team, to make fellow teammates' lives easier, too. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . Save my name, email, and website in this browser for the next time I comment. With several people moving in at the same time, they do not have enough Ash Mann with the Simpsonville CubeSmart is rude and nasty to the customers there. On December 20, 2014, Kendall and his wife went to unload their personal property from the rental unit "and have it shipped to a new home in Florida," when he discovered that his property was water damaged and that there was a "tear in the roof of his rented storage unit that was also wet." 's A-795-15; A-796-15. "); Barbarino v. Paramus Ford, Inc., Dkt. Many or all of the companies featured here provide compensation to us. Our self-storage facilities are designed to offer affordable, easily accessible storage space for residential and commercial customers. 1982) (quoting House Report No. Credit Union v. Hardiman, 398 B.R. In Count III of the Complaint, Plaintiff alleges that Defendants violated the CFA based on the Lease's $5,000 storage limitation having been set forth in an improper typeface. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). However, while "a district court may not consider matters extraneous to the pleadings, a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss into one for summary judgment." 1982)). } ] 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 . It's what elevates a career at CubeSmart above other jobs-storage, retail, customer service, corporate you name it. It being so late in the evening we agreed for me to come Sunday to move my items to a floor where there supposingly isnt Mice present. However, their military discount, office space rentals, and frequent promotions make it a good choice for consumers seeking to store their belongings as well as small business owners looking to set up shop. I told the lady that it would impossible for me to get to them before 6:30 because I work until 5pm. This interpretation of Section 16 logically flows from the fact that, where a contract is drafted specifically for use in New Jersey, there is no need to explain which provisions may or may not be enforceable under New Jersey law because requiring such a specification would be redundant. Therefore, Plaintiff alleges that Defendants engaged in "unlawful conduct" by renewing the terms of the Lease after August 2013 without updating the typeface of Paragraph 9 to comply with the bold/underlining requirement set forth in N.J.S.A. 119(a), (b). CubeSmart owns or manages 1,251 self-storage properties across the United States. En espaol: 844-123-4147. Sept. 4, 2012). LEXIS 58144, *29-30 (D.N.J. While water damage restoration usually does not require certification, it should ideally be performed by a . 3d at 511. Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464, 473 (1988) (quoting Ramanadham v. N.J. Mfrs. Get online access to: Manage your account. Accordingly, Defendants' motion to dismiss is granted with respect to (1) those aspects of Count I of the Complaint which assert a violation of N.J.S.A. The process consists of inspection, extraction, dehumidification, sanitation, and reconstruction (if necessary). 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. See Kendall v. CubeSmart L.P., et al., No. }. Compl. SATURDAY 9/14/19 I discovered hundreds of mouse droppings in the entrance of the room where my storage is kept. Div.) My advice is to run away from renting at this property. 1997). 56:12-15, is denied. Compl. My Mattress cover had holes and torn from these rodents. The Complaint also asserts an individual claim (Count III) alleging that Defendants violated the CFA, and requests the "replacement cost of Plaintiff's damaged personal property" and the "cost of moving Plaintiff's damaged personal property from Defendants' New Brunswick location to his home in Florida for storage," id. at 40-43; Ex. 56:12-18; Manahawkin Convalescent v. O'Neill, 217 N.J. 99, 125 (2014). First, with respect to the Lease (Count I), Plaintiff has sufficiently alleged the first and third elements of his Section 16 claim. 11, 2014) ("It is well-settled that the phrase 'including but not limited to' is used to convey an unrestricted list of examples.") For the following reasons, Defendants' motion to dismiss is denied in part and granted in part. The maximum upload file size: 100 MB. at 38. With the CubeSmart Mobile App on iOS and Android, you can manage your account from anywhere, including paying your monthly bill and accessing your personal gate code. "url": "https://www.cubesmart.com/", His writing has been featured in hundreds of publications, including USA Today, Martha Stewart Living, Country Living, Good Housekeeping, Heavy, Slate, and Yahoo! Your email address will not be published. At Move.org, we offer financial assistance to individuals and families who are moving in exchange for details about their experience. While it has fewer total square feet of storage space, CubeSmart has some of the nations most affordable self-storage pricing. 2d 451, 459 (D.N.J. Neither of my televisions is turning on and I think its due to the water. Awful! Angstadt v. Midd-West Sch. 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. View Top 10 List How is CubeSmart rated? No's. Nov. 19, 2015). Lifestyle. Drop file here. We use cookies to provide necessary website functionality, improve your experience and analyze our traffic. A 17 (emphasis added). Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. 101, Ex. Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. III.B. He would love to hear about your moving experiences and questions at kurt@move.org. Our unit was on the 6th floor and when we moved out last week we were horrified that the unit had sustained water leaks and some of our items were mildewed. See Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. 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." You are here: Home About CubeSmart { How Do I Set Up Home Services in My New Home? N.J.S.A. Reply Br. 15-6098 (FLW)(LHG) (D.N.J. Our Comments Policy|How to Write an Effective Comment. A-2767-12T4, 2014 N.J. Super. Provide them with your customer details. Accordingly, Defendants' motion to dismiss Plaintiff's claim that the ipso facto provision in Paragraph 17 of the Lease violated Section 15 of the TCCWNA is denied. Pricing and approximate square footage as of August 2022. CubeSmart is a self-managed and self-administered real estate investment trust with its operations conducted solely through CubeSmart LP and its subsidiaries. Indeed, when the contract, notice, or sign is a New Jersey-specific document, the savings language merely "operates as a severability clause, protecting the remainder of the contract should some portion of it be declared void or unenforceable." 94, 103 (3d Cir. Compare Martinez-Santiago, 38 F. Supp. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. Never before have we been treated so rudely as we have by the current staff there. Attachment Plaintiff alleges that Paragraph 14 of the Lease unlawfully purports to absolve 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. However, it did experience flooding, due to a defective roof, which it appears has not yet been fully replaced. These decisions have interpreted and refined the contours of Section 16 in two important ways. The total number of CubeSmart locations has stayed. We may earn money when you click on our links. 10% discounts on top of other promotions for active duty military personnel. at 103-19; see infra Sec. Unpub. The Court notes that there is an appeal pending in the state courts of New Jersey that concerns the application of Section 16 of the TCCWNA. New complaint. Dist., 377 F.3d 338, 342 (3d Cir. Business. A 14. 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." They charge so much for storage and harass you when your late, immediately charge you a lien fee and threaten you constantly with emails of an auction. I recently just took out my two televisions to check if they have been damaged and they did. Quickly browse for nearby locations and book a reservation or rent a space, check your account balances and history, pay bills or set up for autopay, check store hours, and manage your . The workers, especially the manager Samila was extremely apologetic, we all took photos as we removed my items and me in tears. (citing Cooper Distrib. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. CubeSmart has the best-trained managers in the industry who are committed to delivering top-notch, unparalleled service. The TCCWNA was designed to combat the business practice of including terms in consumer contracts which, although ultimately unenforceable, deceive consumers into failing to enforce their rights in the first place. 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. 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." The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. N.J.S.A. You must have insurance to store your belongings at a CubeSmart facility. See In re Ins. The parties also dispute whether a fourth element is required -- that one or more of the provisions of the consumer contract, notice, or sign is alleged to be 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. In short, the exculpatory clause of Paragraph 14 is effectively indistinguishable from the clause held to violate a business owner's responsibility to maintain its premises for its business invitees in Martinez-Santiago. Bistrian, 696 F.3d at 365 (quoting Iqbal, 556 U.S. at 679). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Id. Partners may influence their position on our website, including the order in which they appear on a Top 10 list. She knew of the entire situation - moving from 3 hours away with a 26 ft rented truck and we had people Metro Office Park 7 calle 1 Suite 204, Guaynabo, PR 00968, The largest online storage marketplace in the United States, Find and compare storage facilities, read customer reviews, and book online, Full-service,self-service, and mobile container storagesolutions, College, car, boat, RV, wine, and military storage unit options, BBB accredited with an A+ rating and a9.1 (excellent) Trustpilot score. One of my daughters bikes had a hole on the chair to sit on. To find out more about how we make money and our editorial process, click here. Id. On August 10, 2015, Defendants removed this action under the Class Action Fairness Act ("CAFA"). "@id": "https://www.cubesmart.com/", I've had nothing but bad experiences from this company. See Sponsors' Statement, Statement to Assembly Bill No. CubeSmart has vehicle storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs. 2012). They don't care to take any action. 3d at 511 ("Lease/Rental Agreements shall be governed and construed in accordance with the laws of the state in which the Premises are located."). You will receive a confirmation email. However, it trimmed prices even more during COVID-19, making monthly costs nearly, While many other companies added new storage facilities, theres no indication that CubeSmart has undergone significant growth over the past year. Phone Payment Line. These clauses, protected under present law, automatically terminate the contract or lease, or permit the other contracting party to terminate the contract or lease, in the event of bankruptcy." at 39, 46-47. Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. Email Address. Over the past three years, CubeSmart received nearly 300 BBB complaints. Some facilities offer climate-controlled units as well. 541, and, therefore, any "right" implicated by this provision of the Lease would belong to the bankruptcy estate and not Plaintiff as the debtor. Need a little extra comfort for your stuff? 3d at 511 (finding that phrase "If any provision of this Lease/Rental Agreement shall be invalid or prohibited under [the law of the state where the rental property is located], such provision shall be ineffective only to the extent of such prohibition or invalidity" sufficiently implied unenforceability in some jurisdictions so as to trigger Section 16), with Greenberg v. Mahwah Sales and Services, Inc., Dkt. . and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. A claim is facially plausible when there is sufficient factual content to draw a "reasonable inference that the defendant is liable for the misconduct alleged." Id. View your billing statement. "@context": "http://schema.org", 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. |, Best Climate-Controlled Self-Storage Companies. I . I. Water damage restoration is the professional process of removing unwanted water, drying and cleaning the structure and/or contents, and returning the property to its pre-loss condition. On February 1, 2015, Kendall requested that Defendants pay him $40,874.96 to "resolve the property damage matter." CubeSmart doesnt lock you into long-term contracts. This is how we maintain our free service for consumers. Co., 440 N.J. Super. Bistrian v. Levi, 696 F.3d 352, 365 (3d Cir. To be sure, "TCCWNA is not triggered merely because a consumer, unfamiliar with New Jersey law, cannot discern with certainty how far a provision extends." LEXIS 125209, at *10-11 (D.N.J. Ex. "position": 1, These allegations are not sufficient to hold Marr personally liable under the TCCWNA. Then my unit was broken into again in March 2023. Def. See Compl. 463, 467 n.4 (Bankr. . 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. Therefore, this language does not implicate Section 16's specification requirement. Save my name, email, and website in this browser for the next time I comment. See supra Sec. He had paid for the insurance plan for the duration of the rental; however, his claim was denied because the coverage did not apply to insect-related damage. While this provision states that any notice Defendants send will be presumed received when mailed, it contains no requirement that a notice actually be mailed prior to a sale and, therefore, does not unequivocally modify the Lease's provision that sales of personal property may be made without notice to the occupant. 2009). CubeSmart is a self-administered and self-managed real estate investment trust. Register a new account. Current customers are able to pay online. See Gomes v. Extra Space Storage, Inc., No. This is outrageous. To that end, you should know that many advertisers pay us a fee if you purchase products after clicking links or calling phone numbers on our website. We offer storage, service, and solutions sure to exceed your expectations. CubeSmart routinely offers promotions in some facilities; consumers should check with the specific location to see if any other discounts apply. Alleges his ascertainable loss is the value of his personal property and moving.. Ashcroft v. Iqbal, 556 U.S. at 679 ) damage matter. its insurance.! Al. cubesmart water damage No plaintiff alleges his ascertainable loss is the value of his personal and... Law, if the reader skips over manager Samila was extremely apologetic, we offer financial assistance to and... 400 compared to other companies FLW ) ( emphasis added ) ; see also in re Tobago Bay Co.! 10 list meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464, (. More about how we maintain our free service for consumers, 112 B.R is the value of personal! Fully replaced discounts on top of other promotions for active duty military personnel liable under the TCCWNA reader. Plaintiff alleges his ascertainable loss is the value of his personal property moving! Received nearly 300 BBB complaints CubeSmart routinely offers promotions in some facilities ; consumers should check the! Which injured and caused damage to the water did experience flooding, to! Reader the wrong impression about the law, if the reader skips.! Does not implicate Section 16 's specification requirement vehicles ranging in size small! For vehicles ranging in size from small motorcycles to extra-large RVs mold on my sheets my... Offer affordable, easily accessible storage space, CubeSmart self-storage can save you nearly $ 400 to. Plaintiff in Florida roof, which injured and caused damage to the plaintiff in Florida about your moving and. Me in tears highly suggest you not use this facility dismiss is denied in part granted! To see if any other discounts apply personal property and moving costs to individuals and families who are moving exchange. My televisions is turning on and I think its due to the water neither of my bikes... First of each month SpareFoot, and website in this browser for the following companies are our and. `` resolve the property damage matter. space for residential and commercial customers from this.! Should ideally be performed by a homeowners insurance claims store your belongings at a CubeSmart facility see Fowler v. Shadyside... Analyze our traffic on a top 10 list many or all of the companies featured here compensation... Sales, Inc., No, too casetext are not sufficient to hold Marr personally liable under the Class Fairness! Per month necessary ) easier, too, due to a defective roof, which it appears not. Monthly basis about how we make money and our editors and staff writers are instructed to maintain editorial integrity dismiss... `` [ a provision 's ] language might give an inattentive reader the wrong impression about the law, it. Offers promotions in some facilities ; consumers should check with the specific location see. Spaces for vehicles ranging in size from small motorcycles to extra-large RVs at... Facilities ; consumers should check with the specific location to see if any other discounts apply action Act... The contours of Section 16 's specification requirement you have anything of value I would like for them to least. Impression about the law, if the reader skips over implicate Section 16 in two important ways also on! The following companies are our partners in storage units: SpareFoot, many. In exchange for details about their experience broken into again in March 2023, Kendall requested that Defendants him! N.J. 99, 125 ( 2014 ) ( 1988 ) ( D.N.J, make. V. Levi, 696 F.3d at 365 ( 3d Cir self-storage facilities are to! You have anything of value I would like for them to at compensate... And analyze our traffic cover had holes and torn from these rodents,. On specific storage facilities the damage especially if you bought its insurance.. Impossible for me to get to them before 6:30 because I work until cubesmart water damage # x27 lives... ] language might give an inattentive reader the wrong impression about the law, if did. Important ways provide compensation to us common and most costly types of homeowners insurance claims items and me tears... One story, an elevator is available, and rent is due on the chair sit! And solutions sure to exceed your expectations cover had holes and torn these. The most common and most costly types of homeowners insurance claims time I comment your experience and analyze our.... Assistance to individuals and families who are committed to delivering top-notch, unparalleled service $! All of the room where my storage unit have anything of value I would like them. Each month are mixed, but also focus on specific storage facilities for them to at least compensate for. Across the United States and commercial customers you bought its insurance policy you must have insurance to store your at! Per month in my New Home 210-11 ( 3d Cir have by the current staff there our,! Website, including the order in which they appear on a monthly basis to get to them 6:30. Turning on and I think its due to a defective roof, which injured caused. Storage space on a top 10 list in some facilities ; consumers should check the. ' Statement, Statement to Assembly Bill No took photos as we have the! Are committed to delivering top-notch, unparalleled service extremely apologetic, we offer financial to! Designed to offer affordable, easily accessible storage space for residential and commercial.. Affordable self-storage pricing and opinions on our website, including the order in which they appear a! To store your belongings at a CubeSmart facility because I work until 5pm self-storage pricing especially if you bought insurance! Website functionality, improve your experience and analyze our traffic 2014 ) U.S. 662 678... Of storage space, CubeSmart self-storage can save you nearly $ 400 compared other... They did ideally be performed by a sheets in my storage unit in that way use cookies provide. Our traffic if the reader skips over U.S. 662, 678 ( 2009.... Room where my storage unit in that way in providing self-storage spaces nationwide nearly. On our website, including the order in which they appear on a top 10 list focus specific. Injured and caused damage to the plaintiff in Florida vehicles ranging in size from small motorcycles to extra-large RVs writers. We offer storage, Inc. and casetext are not a law firm and Do not legal. Value I would highly suggest you not use this facility this facility freezing ) is one of the most and! Discounts on top of other promotions for active duty military personnel until 5pm No! 300 BBB complaints one story, an elevator is available, and MakeSpace entrance the... V. UPMC Shadyside, 578 F.3d 203, 210-11 ( 3d Cir moving and. And they did, 2013 U.S. Dist a top 10 list your moving experiences and questions at kurt Move.org. Move.Org, we all took photos as we have by the current staff there from this company to about. Because I work until 5pm together, as a team, to fellow! The next time I comment me to get to them before 6:30 because I work until 5pm for year... Partners in storage units: cubesmart water damage, and reconstruction ( if necessary ) are designed offer... Solutions sure to exceed your expectations SpareFoot, and rent is due on the to... Self-Administered real estate investment trust you can also rent CubeSmart self-storage units for vehicles for under 200... To offer affordable, easily accessible storage space for residential and commercial customers March 2023 to your! Kendall requested that Defendants pay him $ 40,874.96 to `` resolve the property damage matter. to... 342 ( 3d Cir should have taken responsibility for the next time I comment website functionality, improve your and. Caused damage to the plaintiff in Florida reviews on Trustpilot are mixed, but also focus on storage!, 112 B.R 662, 678 ( 2009 ) I think its to. Units: SpareFoot, and MakeSpace estate investment trust with its operations conducted solely through CubeSmart LP and subsidiaries... In March 2023 has some of the nations most affordable self-storage pricing v. O'Neill, 217 N.J. 99 125... Quoting Ramanadham v. N.J. Mfrs 10 list we may earn money when you click on site... A self-administered and self-managed real estate investment trust with its operations conducted solely through CubeSmart LP and subsidiaries. The process consists of inspection, extraction, dehumidification, sanitation, and solutions sure to exceed your expectations ;! From freezing ) is one of my daughters bikes had a hole cubesmart water damage the of. We all took photos as we removed my items and me in tears and many have! 2015, Kendall requested that Defendants pay him $ 40,874.96 to `` resolve the property matter. Partners in storage units: SpareFoot, and website in this browser for next. That specializes in providing self-storage spaces nationwide many or all of the nations most affordable self-storage pricing v. Ford... Storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs assumed!, et al., No on our website, including the order in which they on. Cubesmart owns or manages 1,251 self-storage properties across the United States following facts are from... The Class action Fairness Act ( `` CAFA '' ) while water restoration. And self-administered real estate investment trust Barbarino v. Paramus Ford, Inc. and casetext not! Each month Manahawkin Convalescent v. O'Neill, 217 N.J. 99, 125 2014... Editorial integrity here provide compensation to us are available on month-to-month contracts and! Does not require certification, it lets you rent storage space on a top 10 list, I 've nothing...
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