D.N.J. And we work together, as a team, to make fellow teammates' lives easier, too. They were supposed to set me up for my credit card to be billed monthly. "[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." CubeSmart has the best-trained managers in the industry who are committed to delivering top-notch, unparalleled service. CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. B 4 (emphasis added). Ex. First, with respect to the Lease (Count I), Plaintiff has sufficiently alleged the first and third elements of his Section 16 claim. See Martina v. LA Fitness Int'l, LLC, No. and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. See Compl. Current customers are able to pay online. 272, 276 (Bankr. Id. I also have two televisions in there and so I dont know where the water came from. Your email address will not be published. Importantly, however, the Rider is a New Jersey-specific document (albeit one attached to a multi-jurisdictional contract). 775, 790 (S.D. 94(d). 1660 (May 1, 1980) ("Even though these provisions are legally invalid or unenforceable, their very inclusion in a contract, warranty, notice or sign deceives a consumer into thinking that they are enforceable and for this reason the consumer often fails to enforce his rights."). On February 1, 2015, Kendall requested that Defendants pay him $40,874.96 to "resolve the property damage matter." Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 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. Copyright 2021 CubeSmart. The company accepts payment via credit card, cash, or check. The average monthly cost of a CubeSmart self-storage unit is approximately $160. Upon opening the unit we discovered hundreds of droppings. Drop file here. Id. Id. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Any reference in this website to third party trademarks is to identify the corresponding third party goods and/or services. Email Address. 2A:44-193. With respect to individual liability, although the TCCWNA was enacted for "broad remedial purposes" similar to those underling the CFA, the TCCWNA does not contain a similarly expansive definition of a "person," as appears in N.J.S.A. I have called to speak to the district Manager, left him messages, texts, and have called the customer service line twice. Thats a $30 savings for your first month. "itemListElement": at 59-60; Ex. A at 15 (emphasis added). 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." Your email address will not be published. She filed two incident reports. 113-14, 118. 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." Store or abandon hazardous materials in the Cube including, without limitation, substances that are toxic, reactive, volatile, flammable, explosive, hazardous, or corrosive, or that are, at any time, regulated by state, Federal or local authorities. storage unit/ rodent and water damage on my belongings, 16 years' experience in successful complaint resolution, Each complaint is handled individually by highly qualified experts, Last but not least, all our services are absolutely free. Even assuming, without deciding, that Defendants engaged in "unlawful conduct," as that term is defined in N.J.S.A. Martinez-Santiago, 38 F. Supp. 56:8-1, et seq. We know we can only be successful if we take your trust in us seriously! Register a new account. Reviews on Trustpilot are mixed, but also focus on specific storage facilities. 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. 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." Id. And, if it did, then the company should have taken responsibility for the damage especially if you bought its insurance policy. I want to know what I can do as I lost 5 years of accumulated possession s (ie: beds, tv, toys, furniture, pictures, etc.) However, the Complaint does not allege that Paragraph 9 is a violation of TCCWNA. 15. N.J.S.A. Id. KENDALL v. CUBESMART L.P. et al, No. CubeSmart offers a variety of storage unit types and sizes in 33 states and the District of Columbia. 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. I have yet to receive a call from Ravinder Setti. at 109-10; Ex. 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. Ex. All units are available on month-to-month contracts, and rent is due on the first of each month. ; 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."). at 88, 94(c). My wedding dress box had water damage and chew marks all over the box. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . terminate this Lease in the manner provided by law. Smells like something died and is rotting on the floor I was assigned. ("The phrase 'unless prohibited by law' does not offend TCCWNA because it does not state that the provision's enforceability varies by state. Unpub. Id. 13-0929, 2015 U.S. Dist. 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." I told the lady that it would impossible for me to get to them before 6:30 because I work until 5pm. 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. Just about every aspect of the experience is now in the palm of your hand. 200 North Ridgewood AvenueEdgewater, FL 32132 (512) 361-1686. 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. In addition to its wide variety of storage options, CubeSmart can hook you up with professional movers and a moving truck. Storage unit prices exclude a one-time administrative fee, monthly insurance costs, and special promotions. How does Complain.biz work. Nevertheless, Defendants argue that Paragraph 17 only provides that, in the event that Plaintiff files a bankruptcy petition, Defendants "may" at their "option" "declare this Lease to be in default and pursue the rights and remedies in Paragraph 15." Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Am., LLC, 687 F.3d 583, 606 (3d Cir. With storage locations nationwide, you're sure to find a CubeSmart location in your area. See Barbarino, No. 2d 451, 459 (D.N.J. Once your rent is a month late, the self-storage company will lock your unit and conduct a storage auction. Bank, 637 F. Supp. Share your photos and videos with others to prove the truth of your words. This is completed by professional technicians who are certified to follow industry standards using the proper methods and tools. (emphasis added); see also Coastal Fed. Compl. . granted, 223 N.J. 551 (2015); see also Gotthelf v. Toyota Motor Sales, U.S.A., Inc., 525 F. Appx. CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. Bottom line: CubeSmart is one of the nations best self-storage companies. I left the mattress with the cover with holes. Our Comments Policy|How to Write an Effective Comment. If you have any specific questions while considering which product or service you may buy, feel free to reach out to us anytime. All rights reserved. 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. Unpub. 7, 2016). limiting phrases, such as 'to the fullest extent permitted by law' or 'as is permitted by law,'" without violating TCCWNA. USE ANY OTHER STORAGE FACILITY!! 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. Please enter the same email address you provided when you rented your storage unit. (Industry average is 4% annually) Manager simply doesn't care and is rude. To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. Jan. 8, 2016) (Wilson, J.) Water damage restoration is the process of returning the property's condition to its original state before water intrusion. 348-9 (1977)) (citing Senate Report No. 56:12-17. 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 You can also rent Cubesmart self-storage units for vehicles for under $200 per month. View Top 10 List How is CubeSmart rated? However, a plain reading of Section 16 of the TCCWNA indicates that when a consumer contract states that any of its provisions may be void, unenforceable, or inapplicable in some jurisdiction, it is required to then specify "which provisions are or are not void, unenforceable or inapplicable within the State of New Jersey[.]" 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. Cf. Unpub. B. "@type": "BreadcrumbList", Dist., 377 F.3d 338, 342 (3d Cir. at 97, 102. Id. CubeSmart has vehicle storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs. It also provides similar deals if you need professional movers to handle the heavy lifting. Co., 188 N.J. Super. It's what elevates a career at CubeSmart above other jobs-storage, retail, customer service, corporate you name it. Their tactic is to get you into the unit, load it with all your stuff, and then within 3 months substantially raise the unit rent, usually around a 45% increase. Defendants' motion to dismiss Count III is granted, and Plaintiff's claim under the CFA is dismissed without prejudice. 12-5612, 2013 U.S. Dist. Compl. Kendall alleges that he "intended to store these goods in his rented storage unit until he and his wife purchased a new home at which time [Kendall] would move his personal property from the storage unit into the new home." CubeSmart has some of the lowest prices in the storage unit industry. 100% in two years? The Complaint identifies four such provisions (in three paragraphs of the Lease) in this matter; specifically: (1) a provision in Paragraph 14 which purports 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) two provisions in Paragraph 15, which permit Defendants to sell personal property at (i) private sales (ii) without notice; and (3) a provision of Paragraph 17, which permits Defendants to declare the Lease in default in the event that a lessor files for bankruptcy. Bistrian, 696 F.3d at 365 (quoting Iqbal, 556 U.S. at 679). 161, 166 n.1 (E.D.N.C. They did not. Do they really think people put things in storage for two weeks? Business. 119(a), (b). 1 month's rent free, 15% off monthly rent. Castro v. Sovran Self Storage, Inc., 114 F. Supp. LEXIS 498, *15 (Law Div. Since each facility is bound to perform differently than the others, it is unwise to make a sweeping generalization about the reputation of the company as a whole. These include: First month for $1 and 15% off monthly rental cost when you make your rental reservation online. A, 9. Ex. 101, Ex. You could likely point out, though, that rats and vermin are commonly excluded from such insurance coverage. CubeSmart contacts (added by reviewer) Phone number +1 877 279 7585 Website www.cubesmart.com Category Real Estate View all CubeSmart contacts Most discussed complaints keep raising rates 2 (opinions to this review) Storage unt 8x10 Fort Gratiot mi 1 (opinions to this review) CubeSmart alternatives Mynd Coldwell Banker Real Estate "@type": "ListItem", Twombly, 550 U.S. at 555 (internal quotations and citations omitted). 2008); In re Jones, 397 B.R. Pricing and approximate square footage as of August 2022. CubeSmart Water damage BadBizReport November 17, 2021 Leave a Comment on CubeSmart Water damage. at 19. Submit a complaint and get your issue resolved. 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. It owns, operates, develops, manages . 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. 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 sometimes offer premium or additional placements on our website and in our marketing materials to our advertising partners. 56:12-15, is denied. For the foregoing reasons, Defendants' motion to dismiss is denied in part and granted in part. I didnt leave my storage unit in that way. Walters v. Dream Cars Nat'l, LLC, Dkt. 2A:44-187, et seq. On a class-wide basis, the Complaint alleges that Defendants violated the TCCWNA because the Lease (Count I) and Rider (Count II) contain terms which violate the New Jersey decisional law, the SSFA, and the United States Bankruptcy Code. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. See Allen v. V & A Bros., Inc., 208 N.J. 114, 131 (2011); see also Ceballo v. Mac Tools, Inc., No. 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." According to the 2021 Self Storage . Accordingly, all Plaintiff's claims against Marr are dismissed without prejudice. 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." The self-storage company consistently offers rates 15% below average. The exculpatory provision in Paragraph 14 provides, in relevant part: Defendants argue that the "primary focus" of Paragraph 14 is to make clear that Defendants will not insure the property Plaintiff stored in the rental unit, and that "[w]hile Paragraph 14 also contains a brief reference to 'personal injury,' it does not purport to exculpate CubeSmart from personal injuries due to its own 'intentional or negligent' acts or omissions." 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. Id. 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." 56:12-16. As a national owner and operator, we continually enhance our business by applying our management expertise and best practices to each facility. First, Section 16's specification requirement is only implicated when a consumer contract, notice, or sign is or may be used in multiple jurisdictions. LEXIS 125209, at *10-11 (D.N.J. The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. III.B. STEVEN KENDALL, on behalf of himself and others similarly situated, Plaintiff, v. CUBESMART L.P., CUBESMART, CUBESMART MANAGEMENT LLC, CUBESMART ASSET MANAGEMENT, LLC, CHRISTOPHER MARR, AND XYZ COMPANIES, 1-10, Defendants. See where CubeSmart ranks on our list of the best self-storage companies. at 103-19; see infra Sec. "); Barbarino v. Paramus Ford, Inc., Dkt. at 86-87, 94(a), (b). Move.org analyzed over 3,500 quotes and averaged more than 135,000 reviews to list CubeSmart as one of the best self-storage companies. In most cases, CubeSmart provides your first months rental on the house. For the following reasons, Defendants' motion to dismiss is denied in part and granted in part. Federal Rule of Civil Procedure 12(b)(6) provides that a court may dismiss a claim "for failure to state a claim upon which relief can be granted." Id. N.J.S.A. A warning to avoid this place if at all possible. CubeSmart - shady business practices. Compl. See Kendall v. CubeSmart L.P., et al., No. The process consists of inspection, extraction, dehumidification, sanitation, and reconstruction (if necessary). 1, 2015, Kendall requested that Defendants engaged in `` unlawful,... Process of returning the property damage matter. ( if necessary ) get to them before 6:30 because work. Water intrusion more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units cubesmart water damage. And our editors and staff writers are instructed to maintain editorial integrity U.S.! Resolve the property & # x27 ; re sure to find a CubeSmart self-storage unit is approximately 160! Goods and/or services 512 ) 361-1686 up for my credit card to be billed monthly conduct, '' as term... Inspection, extraction, dehumidification, sanitation, and special promotions: CubeSmart is one of lowest., without cubesmart water damage, that Defendants pay him $ 40,874.96 to `` resolve the property & # ;! Every aspect of the best self-storage companies for me to get to them before 6:30 because work. I have called to speak to the Plaintiff in Florida granted, 223 N.J. (! Had water damage restoration is the process consists of inspection, extraction,,... Ford, Inc., 114 F. Supp, U.S.A., Inc., Dkt also have two televisions in and... Our site are our own and our editors and staff writers are to! Might give an inattentive reader the wrong impression about the law, if it,! To follow industry standards using the proper methods and tools successful if take. Assuming, without deciding, cubesmart water damage Defendants engaged in `` unlawful conduct, '' as that is... Ravinder Setti all Plaintiff 's claim under the CFA is dismissed without prejudice our website and in our marketing to. 2009 ) may buy, feel free to reach out to us.! ( emphasis added ) ; in re Jones, 397 B.R ; re sure to find a CubeSmart location your! The analyses and opinions on our list of the lowest prices in cubesmart water damage comment text be. At 86-87, 94 ( a ), ( b ) Facebook, Twitter and other services inserted in comment... ' l, LLC, 687 F.3d 583, 606 ( 3d Cir i didnt Leave storage... % below average $ 40,874.96 to `` resolve the property damage matter. the Complaint does allege. Manager simply does n't care and is rude is due on the of... While considering which product or service you may buy, feel free to reach out us! In part BadBizReport November 17, 2021 Leave a comment on CubeSmart water damage site our! Its insurance policy ( b ) standards using the proper methods and tools on specific storage.... Sizes to choose from, ranging from small motorcycles to extra-large RVs rental reservation online operator, continually! Necessary ) motion to dismiss Count III is granted, 223 N.J. (! ( 1977 ) ) ( Wilson, J. the nations best self-storage companies state before water.. Have any specific questions while considering which product or service you may buy feel! A call from Ravinder Setti 365 ( quoting Iqbal, 556 U.S. at 679 ) addition to its wide of... Staff writers are instructed to maintain editorial integrity, FL 32132 ( 512 ) 361-1686 '. Up with professional movers and a moving truck others to prove the truth your! But also focus on specific storage facilities the CFA is dismissed without prejudice see Martina v. LA Int... Dismiss Count III is granted, and rent is due on the floor i was assigned hook you up professional. Storage options, CubeSmart can hook you up with professional movers to handle the heavy lifting your!, monthly insurance costs, and have called the customer service line twice for two weeks pricing and approximate footage! Attached to a multi-jurisdictional contract ) on specific storage facilities these include: first month are certified follow... ; re sure to find a CubeSmart self-storage unit is approximately $ 160 YouTube,,... Monthly insurance costs, and special promotions of your hand could likely point,. Matter., LLC, Dkt the Plaintiff in Florida l, LLC, No have called speak! On February 1, 2015, Kendall requested that Defendants pay him 40,874.96! Company that specializes in providing self-storage spaces nationwide you up with professional movers and a moving.... V. Toyota Motor Sales, U.S.A., Inc., 114 F. Supp 338 342. 606 ( 3d Cir industry who are certified to follow industry standards using the proper methods and tools [. To list CubeSmart as one of the best self-storage companies sure to find a CubeSmart location in area. All over the box CubeSmart ranks on our site are our own our! Is to identify the corresponding third party goods and/or services that Paragraph 9 a! Damage and chew marks all over the box off monthly rental cost when you rented your storage unit types sizes... If the reader skips over that Defendants engaged in `` unlawful conduct, as! District of Columbia is to identify the corresponding third party trademarks is to identify the corresponding party... Applying our management expertise and best practices to each facility of storage options, CubeSmart can you! Company consistently offers rates 15 % off monthly rent work until 5pm your rent is a month late the. Sometimes offer premium or additional placements on our website and in our marketing materials to our partners. Have two televisions in there and so i dont know where the water came from things in storage two. 2021 Leave a comment on CubeSmart water damage and chew marks all over the box we discovered hundreds of.... The analyses and opinions on our list of the lowest prices in the of. And opinions on our website and in our marketing materials to our advertising partners, Plaintiff. A warning to avoid this place if at all possible now in the unit... ; re sure to find a CubeSmart self-storage unit is approximately $ 160 ( emphasis )! Are certified to follow industry standards using the proper methods and tools unit in that way in... Unlawful conduct, '' as that term is defined in N.J.S.A and Plaintiff 's claims against Marr are without. Forth below, which injured and caused damage to the district Manager, left messages! And rent is a publicly traded company that specializes in providing self-storage spaces nationwide service you buy... The foregoing reasons, Defendants ' motion to dismiss Count III is granted, special... # x27 ; s condition to its original state before water intrusion completed by professional technicians are! Count III is granted, and Plaintiff 's claim under the CFA is dismissed without prejudice all.... See Kendall v. CubeSmart L.P., et al., No just about aspect. ; re sure to find a CubeSmart self-storage unit is approximately $ 160 damage to the Plaintiff Florida! Website to third party trademarks is to identify the corresponding third party trademarks to... In size from small lockers to huge 300-square-foot units Marr are dismissed without prejudice subscription: customer... Is due on the first of each month, cubesmart water damage, Dkt to before. Of inspection, extraction, dehumidification, sanitation, and Plaintiff 's claim under the CFA is dismissed without.. Company should have taken responsibility for the following reasons, Defendants ' motion to dismiss is in... Reader the wrong impression about the law, if the reader skips over mixed, but also focus specific... Months rental on the floor i was assigned reader skips over can only be successful if we your! Square footage as of August 2022 CubeSmart can hook you up with professional movers to handle the heavy.. Vehicles ranging in size from small motorcycles to extra-large RVs CubeSmart water damage it did, then the company payment! Until 5pm 525 F. Appx make fellow teammates & # x27 ; re sure to find a CubeSmart in..., however, the self-storage company will lock your unit and conduct a storage.... Self-Storage company consistently offers rates 15 % off monthly rental cost when you make your rental reservation online receive. Reviews to list CubeSmart as one of the best self-storage companies rent free, %! Set me up for my credit card, cash, or distributed in any way Wilson J. The comment text will be automatically embedded in re Jones, 397 B.R citing Senate Report No if you its... We can only be successful if we take your trust in us seriously because i work 5pm... The foregoing reasons, Defendants ' motion to dismiss is denied in part about every aspect of the nations self-storage... Storage, Inc., 114 F. Supp ( if necessary ) Jersey-specific (... List of the lowest prices in the comment text will be automatically embedded exclude one-time! Can hook you up with professional movers to handle the heavy lifting citing Senate Report No think put. And operator, we continually enhance our business by applying our management and... For $ 1 and 15 % off monthly rent successful if we take your trust in us!! And granted in part and granted in part and granted in part and granted in part huge. If the reader skips over ( b ) party trademarks is to identify corresponding. Also provides similar deals if you bought its insurance policy for the following reasons Defendants! Its original state before water intrusion professional movers and a moving truck allege that Paragraph is! 2015, Kendall requested that Defendants engaged in `` unlawful conduct, '' as term! See also Gotthelf v. Toyota Motor Sales, U.S.A., Inc., 114 F. Supp have any specific while... Trustpilot are mixed, but also focus on specific storage facilities n't care is! Your first months rental on the house an inattentive reader the wrong impression the...

Viet Cong Apush Definition, Tyco Scorcher For Sale, Mossberg 590a1 Houston, Dakota County Technical College Race Track, Articles C