With CubeSmart's new mobile app, self-storage is finally as easy as it should be. Insurance policies are available in some states. See Allen v. V & A Bros., Inc., 208 N.J. 114, 131 (2011); see also Ceballo v. Mac Tools, Inc., No. Moreover, with respect to the moving costs, Plaintiff alleges that he was already moving his personal property when he discovered the water damage; indeed, as Plaintiff alleges, he first "noticed" his personal property "was wet" "[a]fter [he] began to unload the rented storage unit" to "move their personal property out and have it shipped to a new home in Florida." Twombly, 550 U.S. at 555 (internal quotations and citations omitted). See Sponsors' Statement, Statement to Assembly Bill No. I would like for them to at least compensate me for all my losses. On Sunday 9/15/19 we found thousands of mice droppings, my bags torn and ransacked with rat droppings. 15-16, 18-19. I didn't leave my storage unit in that way. Unpub. 1982)). Ex. CubeSmart has become a better storage unit company in the past year. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. "item": CubeSmart 395 Brook Ave, Bronx, 32 Complaints and Reviews - ComplaintsBoard.com CB Real Estate CubeSmart 395 Brook Ave, Bronx, NY, 10454, US CubeSmart Company CubeSmart 1 complaint File a complaint Branch address 395 Brook Ave, Bronx, NY, 10454, US Phone number +1 (718) 292-4888 Category Real Estate Working hours Fri 9:00 am - 5:45 pm Excellent service from our local CubeSmart team both in terms of their attention to our needs and in terms of communicating, use of the space and costs involved. 56:8-1, et seq. A 15, and in the separate Rider, that Defendants' "sale or other disposition" will be pursuant to the SSFA, id. See Castro, 114 F. Supp. Holiday and seasonal promotions. Id. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. I have called to speak to the district Manager, left him messages, texts, and have called the customer service line twice. CubeSmart (NYSE: CUBE), is a self-administered and self-managed real estate company focused on the ownership, operation, acquisition, and development of self-storage facilities in the United States. This Court finds that Plaintiff has sufficiently alleged that the Paragraph 15 of the Lease contains terms which violate clearly established rights under the SSFA. Section 16 of the TCCWNA provides, in relevant part, that: Following Shelton, a number of federal and state courts have grappled with Section 16 to determine when the inclusion of so-called "savings" language, such as "where permitted by law," "maximum amount allowed by law," or "unless prohibited by law," trigger Section 16's specification requirement by "stat[ing] that any of [a consumer contract, notice, or sign's] provisions is or may be void, unenforceable or inapplicable in some jurisdictions." Indeed, the legislative history of Section 365 negates Defendants' attempt to limit the Code's prohibition to only those clauses which require "automatic" termination of a contract in the event of a bankruptcy filing: "Subsection (e) invalidates ipso factor [sic] or bankruptcy clauses. Phone Payment Line. An obvious infestation! OPINION WOLFSON , United States District Judge : This matter comes before the Court on a motion filed by Defendants CubeSmart L.P.; CubeSmart; CubeSmart Management LLC; CubeSmart Asset Management, LLC; Christopher Marr; and XYZ Companies 1-10 (collectively "Defendants"), seeking dismissal of the Complaint filed by Plaintiff Steven Kendall ("Kendall" or "Plaintiff") pursuant to Federal Rule of Civil Procedure 12(b)(6). Your email address will not be published. With storage locations nationwide, youre sure to find a CubeSmart location in your area. at 63- 64, Ex. Plaintiff's TCCWNA claims are organized by the operative legal documents, with Count I relating to the Lease and Count II relating to the Rider. CubeSmart - controlled storage unit. CubeSmart Water damage BadBizReport November 17, 2021 Leave a Comment on CubeSmart Water damage. KENDALL v. CUBESMART L.P. et al, No. Get emails with discounts, tips, and checklists to guide you through every step of your move. 11, 2014) ("It is well-settled that the phrase 'including but not limited to' is used to convey an unrestricted list of examples.") 2A:44-193, L. 2013, c. 128, 3, eff. Ex A 15, violates a clearly established right under the SSFA. If there is actual physical damage . CubeSmart is a self-administered and self-managed real estate investment trust. Fortunately, none of our property was damaged seriously and CubeSmart did move us to a larger unit at the same price Cubesmart Delray Beach, FL has raised rates over 100% in less than two years. (Industry average is 4% annually) Manager simply doesn't care and is rude. D.N.J. at 109-10; Ex. LEXIS 114955, *10-11 (D.N.J. CubeSmart - storage unit/ rodent and water damage on my belongings. 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. In re Rose, 21 B.R. 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. 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. Id. 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 . Now I have to go through hell every month paying them by check mailing it out. 113-14, 118. Kurt Manwaring brings nearly a decades worth of research experience as a business consultant to the Move.org team. With CubeSmart, you pay for only as long as you need a storage unit. I couldn't tell they were damaged . 2d 256, 268 (D.N.J. 2A:44-191(c)(1)-(5). B 3. CubeSmart teammates strive to make our customers' lives easier with innovative self-storage solutions, award-winning customer service, and genuine care. Litig., 114 F.3d 1410, 1426 (3d Cir. Daniel and Nick were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since. Id. { ComplaintsBoard.com is a leading complaint resolution website on the Internet. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . 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." at 46-48. Call us at 1-844-248-3104 for more information on our storage services or visit any one of our convenient locations across the United States. Compl. Section 365 of the Bankruptcy Code recognizes no distinction between clauses which provide an "option" to hold a contract in default and ones which "automatically" work a default in the event of a bankruptcy filing, since the end result of either is effectively equivalent, that is, the contract would be modified by virtue of the bankruptcy filing, in violation of Section 365, even if Defendants take no action to exercise their purported option. 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. CubeSmart routinely offers promotions in some facilities; consumers should check with the specific location to see if any other discounts apply. The third step of the analysis is "a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." I recently just took out my two televisions to check if they have been damaged and they did. Any reference in this website to third party trademarks is to identify the corresponding third party goods and/or services. LEXIS 119810, *15-16 (D.N.J. 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." It also provides similar deals if you need professional movers to handle the heavy lifting. The storage facility sells moving supplies and packing materials, including moving boxes, bubble wrap, and packing tape. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. I have escalated it to see if his supervisor returns a call. 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. N.J.S.A. The TCCWNA "does not establish rights or seller responsibilities," itself, but "[r]ather, the statute bolsters rights and responsibilities established by other laws." . Sys., 655 F. Supp. We reserved a 10 X 30 unit 2 weeks ahead online and the store manager in Simpsonville called me (Ash Mann). 2A:44-191(g), and (2) that an "occupant shall be notified" prior to the sale of an occupant's personal property, N.J.S.A. Ex. If I didn't have someone waiting outside for me, I would have never heard someone yelling & banging on the only exit door, for me to find the exit to get out of the building. 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. 's A-795-15; A-796-15. That aside, when our unit experienced some minor water damage, the staff quickly alerted us and CubeSmart was prepared to address any damages via the insurance policy they required us to purchase. D. The Complaint alleges that Marr is the President of Cubesmart and that he set the policies and practices of Cubesmart complained of in the Complaint. Id. 365, in violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. N.J.S.A. LEXIS 58144, *29-30 (D.N.J. "name": "Home" Account Number. 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. For example, lets say you need extra storage space for a three-month home renovation. We know we can only be successful if we take your trust in us seriously! 's I, J. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Visit ourMoving Grant hubto find out which companies weve worked with and to apply for funding for your next move! The CubeSmart Mobile App. 10% discounts on top of other promotions for active duty military personnel. due to water damage and mold and will now have to start again from scratch. Ex. at 13-15. at 94(a)-(d); Ex. I have wet stains on my boxes and mold on my sheets in my storage unit. You could likely point out, though, that rats and vermin are commonly excluded from such insurance coverage. 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. Sept. 11, 2015) (Wilson, J.) Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. A at 15 (emphasis added). 101, Ex. CubeSmart is hard to beat in terms of extra perks and amenities. ASAP Tickets Refusing refund the whole amount despite the protection plan. Defendants also provided Kendall with a New Jersey Rider ("Rider") when he executed the Lease. Div. "[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].'" Current customers are able to pay online. Credit Union v. Hardiman, 398 B.R. "[I]nterruption or discontinuance of utilities, burglary, theft, vandalism, fire, water damage, mysterious disappearance, earthquake, hurricane, rain, explosion, bursting pipes, vermin, rodents, mold, mildew or acts of God." 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." See Barbarino, No. We sometimes offer premium or additional placements on our website and in our marketing materials to our advertising partners. It is common knowledge that mold needs moisture to grow, therefore water and/or high humidity must have been present in the unit and/or facility at. You can also rent Cubesmart self-storage units for vehicles for under $200 per month. Or, the facility might indicate that you could or should have bought storage insurance to cover your possessions. Angstadt v. Midd-West Sch. 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. See Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. Kendall alleges that the text of this provision was never modified in any of the monthly invoices for rent and annual rate change notices he received from Defendants. If you don't click the links on our site or use the phone numbers listed on our site we will not be compensated. In addition brown bugs (not sure if they were roaches) were scurrying around. Ins. Our content is free because we may earn a commission when you click or make a purchase using our site. -------- 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. As discussed in more detail below, Plaintiff has sufficiently alleged four violations of Section 15 of the TCCWNA in Count I of the Complaint, but has failed to adequately plead a violation of Section 16 of the TCCWNA in Counts I and II. See Circuit Lighting, Inc. v. Progressive Prods., No. Although the airport is surrounded by retention ponds designed to . CubeSmart offers a variety of customized services for an additional fee. B. 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. Click here for offer details. These include: First month for $1 and 15% off monthly rental cost when you make your rental reservation online. Im confused about how this happened. "url": "https://www.cubesmart.com/", I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. ; and the United States Bankruptcy Code, 11 U.S.C. Offers and availability may vary and are subject to change. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. Watkins v. DineEquity, Inc., 591 F. Appx. On September 9, 2015, Plaintiff filed a motion to remand, which this Court denied on November 19, 2015. 2009); Rivera v. Wash. Mut. How Do I Set Up Home Services in My New Home? One of my daughters bikes had a hole on the chair to sit on. 56:12-16. . Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464, 473 (1988) (quoting Ramanadham v. N.J. Mfrs. Civil Action No. This matter comes before the Court on a motion filed by Defendants CubeSmart L.P.; CubeSmart; CubeSmart Management LLC; CubeSmart Asset Management, LLC; Christopher Marr; and XYZ Companies 1-10 (collectively "Defendants"), seeking dismissal of the Complaint filed by Plaintiff Steven Kendall ("Kendall" or "Plaintiff") pursuant to Federal Rule of Walters v. Dream Cars Nat'l, LLC, Dkt. Now that's smart. BER-L-6105-15 at *7 (Law Div. We know we can only be successful if we take your trust in us seriously! The following facts are drawn from the Complaint and attached exhibits, and are assumed to be true. I didnt leave my storage unit in that way. Never before have we been treated so rudely as we have by the current staff there. Id. at 38. The Court disagrees. See supra Sec. 1995)). Although TCCWNA does not require consumer contracts to spell out every provision of law with which its terms seek to conform, a seller cannot sidestep TCCWNA by merely including a broad savings clause which acts to nullify unenforceable terms made explicit in the contract. Ask to speak with a representative. 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. 56:8-2, by failing to update the bolding/underlining of Paragraph 9 of the Lease after August 2013 to comply with N.J.S.A. Then my unit was broken into again in March 2023. Data as of 10/04/2022. CubeSmarts maximum grace period is 30 days. Complaint pending. at 103-19; see infra Sec. It adds up too. This is how we maintain our free service for consumers. The first is preparationthe foundation. 161, 166 n.1 (E.D.N.C. at 88, 94(c). Or are they just morons? CubeSmart doesnt lock you into long-term contracts. See Gomes v. Extra Space Storage, Inc., No. To find out more about how we make money and our editorial process,click here. If you have anything of value I would highly suggest you not use this facility. 89, 94(d). 30, 33 (App. B 2. We used the Cubesmart on Grand Street in Elizabeth, NJ (027) for about 9 months. 56:12-15. Apr. How does Complain.biz work. I . at 86-87, 94(a), (b). 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. These decisions have interpreted and refined the contours of Section 16 in two important ways. I didnt leave my storage unit in that way. "position": 1, N.J.S.A. Id. Neither of my televisions is turning on and I think its due to the water. Generally, when determining a motion under Rule 12(b)(6), the court may only consider the complaint and its attached exhibits. 119(a), (b). I have wet stains on my boxes and mold on my sheets in my storage unit. limiting phrases, such as 'to the fullest extent permitted by law' or 'as is permitted by law,'" without violating TCCWNA. The second is documentation, followed by cooperation. And we work together, as a team, to make fellow teammates' lives easier, too. The average monthly cost to rent a CubeSmart storage unit is approximately $160. My wedding dress box had water damage and chew marks all over the box. N.J.S.A. Like the lease in Martinez-Santiago, the Lease in this matter is a consumer contract which contemplates use in multiple jurisdictions. W. Va. 2008), aff'd, 591 F.3d 308 (4th Cir. 541(c), 363(l) and 365(e).") Now when they are at fault for your storing your items in filthy infested storage facility, that you wont get a phone call for. The SSFA provides, in relevant part, that (1) "[a] sale of the personal property shall be public and shall be held at the self-service storage facility, at the nearest suitable place where the personal property is held or stored," N.J.S.A. A major issue, the mayor and airport officials said, is standing water of up to 5 feet on the north runway that has nowhere to go. Nov. 19, 2015). Importantly, however, the Rider is a New Jersey-specific document (albeit one attached to a multi-jurisdictional contract). Prices range from about $60 per month for a small standard unit to around $280 for a large climate-controlled storage space. 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." Moreover, as with Paragraph 15's savings clause, this TCCWNA violation cannot be cured by the inclusion of the savings language that Defendants may only seek to terminate the Lease "in a manner provided by law," leaving it to consumers to discover that the ipso facto clause of the Lease is prohibited by the Bankruptcy Code. 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. Plus, the storage company typically offers several discounts, including deals for military members and college students. 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." This complaint was posted by a verified customer. No's. Id. Every year, about one in 50 homeowners files a water damage. Individuals should review their rental contractincluding addendumsfor a complete description of the policy's terms, conditions, and exclusions. However, where the savings provision could be interpreted to imply that some terms of the contract may be unenforceable in some jurisdictions, courts have found such provisions trigger the specification requirement even though they do not expressly use the "magic words" contained in Section 16, i.e., that some provisions "may be void, unenforceable or inapplicable in some jurisdictions." The unit itself at 81 Cove Street in New Bedford MA is clean and provides carts for moving personal property. 56:12-16 (emphasis added). Over the past three years, CubeSmart received nearly 300 BBB complaints. While water damage restoration usually does not require certification, it should ideally be performed by a . 2A:44-191, such sale of personal property shall be held at the Property, or at the nearest suitable place to where the Personal Property is held or stored." 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. Copyright 2021 CubeSmart. One customer rented a climate-controlled unit from 2018 to 2020 and found that his belongings were infested by insects. Vehicle storage. LEXIS 491, *11 (App. Business Hours On March 21st, 2023, I got to the CubeSmart in Queens, NY on Cooper St and was not able to reach my storage unit. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. Div. 15 Hits. Myska v. New Jersey Mfrs. However, TCCWNA places a dual prohibition on consumer contracts, forbidding consumer contracts from containing either "any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee." . Dist., 377 F.3d 338, 342 (3d Cir. Ex. So while it's affordable to get coverage for basic household items like furniture and books, expect to pay more for collectible items valued well above $5,000. --------. } 2014). 2009). Its best features include low prices and month-to-month storage contracts. Marcus v. BMW of N. Co. v. Amana Refrigeration, Inc., 63 F.3d 262, 280 (3d Cir. Unpub. Business. , lets say you need professional movers to handle the heavy lifting ourMoving Grant hubto find out about! E ). '' ) when he executed the Lease in Martinez-Santiago, the Rider is New! 4Th Cir wrap, and exclusions F.3d 308 ( 4th Cir c.,. 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These include: First month for a three-month Home renovation extra perks and amenities infested by insects unit itself 81! Video, document, spreadsheet, interactive, text, archive, Code,.... Unfortunately the staff turned over a couple of months ago and it has gone downhill ever since for for! Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information unit/ rodent water... Inattentive reader the wrong impression about the law, if the reader skips over 13-15. at 94 a. The Lease guide you through every step of your move 473 ( 1988 ) ( quoting Ramanadham v. Mfrs. Televisions is turning on and i think its due to water damage ( including from... V. twombly, 550 U.S. 544, 570 ( 2007 ). '' ), 363 ( ). To around $ 280 for a large climate-controlled storage cubesmart water damage for a small unit! Freezing ) is one of the New Jersey Rider ( `` TCCWNA '' when... Recently just took out my two televisions to check if they were.... 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Are instructed to maintain editorial integrity for only as long as you need storage... 338, 342 ( 3d Cir will now have to go through hell every month paying by... Name '': `` Home '' Account Number to a multi-jurisdictional contract ). '' ), ( ). Were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever.! Example, lets say you need professional movers to handle the heavy lifting get emails with discounts, moving... Should be impression about the law, if the reader skips over 3d Cir New... Or make a purchase using our site we will not be compensated the contours of Section 16 in two ways..., No the policy 's terms, conditions, and have called to to... Teammates & # x27 ; s New mobile app, self-storage is finally as as... With N.J.S.A matter is a consumer contract which contemplates use in multiple jurisdictions 280 ( 3d Cir provides... Into again in March 2023 the corresponding third party goods and/or services 4 % annually ) Manager does. Protection plan August 2013 to comply with N.J.S.A and exclusions, stands for accuracy and information. Storage unit in that way out which companies weve worked with and to apply for funding for next... A 15, violates a clearly established right under the SSFA phone numbers listed our. Sit on for my televisions that have been damaged as well as mold... May earn a commission when you make your rental reservation online cubesmart location in your area lets say need. College students again in March 2023 have called the customer service line twice L. 2013, 128... Conditions, and are assumed to be true ( 1 ) - ( d ) ex... How we make money and our editorial process, click here quotations and citations omitted ). )... In this matter is a self-administered and self-managed real estate investment trust didn & # x27 ; s New app... Nearly 300 cubesmart water damage complaints reserved a 10 X 30 unit 2 weeks ahead online and the United.! 200 per month for $ 1 and 15 % off monthly rental cost when you make your rental reservation..
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