cubesmart water damage

We reserved a 10 X 30 unit 2 weeks ahead online and the store manager in Simpsonville called me (Ash Mann). 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. Applying this test to the matter at hand, this Court holds that Plaintiff has failed to allege a violation of N.J.S.A. 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. Id. 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. Neither of my televisions is turning on and I think its due to the water. In order to survive a motion to dismiss, the plaintiff must provide "enough facts to state a claim to relief that is plausible on its face." (citing Cooper Distrib. We offer storage, service, and solutions sure to exceed your expectations. While the remand motion was pending, Defendants filed the instant motion to dismiss on October 5, 2015. 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. If you have any specific questions while considering which product or service you may buy, feel free to reach out to us anytime. It also provides similar deals if you need professional movers to handle the heavy lifting. In response, Plaintiff argues that he has alleged that Marr is a seller, lessor, creditor, lender, or bailee and, therefore, Defendants' motion should be denied. Compl. Ultimately the choice is yours. 56:12-15. I am sure the fine print of their contract covers them for no liability,but we shall see. 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 Complaint pending. Storage unit prices exclude a one-time administrative fee, monthly insurance costs, and special promotions. The average monthly cost to rent a CubeSmart storage unit is approximately $160. at 103-19; see infra Sec. Reviews on Trustpilot are mixed, but also focus on specific storage facilities. Insurance policies are available in some states. 13-0929, 2015 U.S. Dist. Specifically, Plaintiff alleges that Paragraph 9 of the Lease provides - in 8 point font, non-bolded, and non-underlined text - that "Occupant shall not store any Personal Property in the Space with a total value in excess of $5,000.00 without prior written consent of owner." CubeSmart owns or manages 1,251 self-storage properties across the United States. On August 10, 2015, Defendants removed this action under the Class Action Fairness Act ("CAFA"). Div. 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. 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. 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. CubeSmart doesnt lock you into long-term contracts. at 88, 94(c). Id. Litig., 114 F.3d 1410, 1426 (3d Cir. Its best features include low prices and month-to-month storage contracts. { "); Barbarino v. Paramus Ford, Inc., Dkt. ("The phrase 'unless prohibited by law' does not offend TCCWNA because it does not state that the provision's enforceability varies by state. Compl. Neither of my televisions is turning on and I think its due to the water. First, with respect to the Lease (Count I), Plaintiff has sufficiently alleged the first and third elements of his Section 16 claim. We have rented from this location for years including and prior to CubeSmart acquiring it two years ago. 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." at Ex. To only have recently stop by and see the damage from water. Plaintiff alleges his ascertainable loss is the value of his personal property and moving costs. I recently just took out my two televisions to check if . 2A:44-187, et seq. 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. I was in a storage bldg late at night, my unit on the 2nd floor. Brokerage Antitrust Litig., 618 F.3d 300, 314 (3d Cir. I have wet stains on my boxes and mold on my sheets in my storage unit. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464, 473 (1988) (quoting Ramanadham v. N.J. Mfrs. As Plaintiff correctly argues, this provision of the Rider does not require that the sale to be public; rather, the use of the modifier "if" suggests that Defendants continued to retain the option, set forth in the Lease, of proceeding with a private sale if they so choose. 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. The workers, especially the manager Samila was extremely apologetic, we all took photos as we removed my items and me in tears. 3d at 511. Compare Compl. CubeSmart - shady business practices. Many or all of the companies featured here provide compensation to us. at 18; Ex. Though the specific safety and accessibility features will depend on the facility, most appear to have 24/7 video recording, while many have controlled access and on-site managers. 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." If you already registered your account, sign in here . Consumers are advised to research each facility to see if it's the right fit for them. "name": "Home" Id. Every year, about one in 50 homeowners files a water damage. We offer storage, service, and solutions sure to exceed your expectations. Bottom line: CubeSmart is one of the nations best self-storage companies. 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. 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, you pay for only as long as you need a storage unit. At least 3 times, within a months time, were the elevators down. Make your practice more effective and efficient with Casetexts legal research suite. "@id": "https://www.cubesmart.com/", 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. 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. 2010). 12-2063, 2012 U.S. Dist. Im confused about how this happened. 56:12-16 are dismissed without prejudice. } ] It adds up too. Please enter the same email address you provided when you rented your storage unit. Other restrictions, taxes, fees, and insurance requirements may apply. You are here: Home About CubeSmart { Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. 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. Id. 1995)). You can also rent Cubesmart self-storage units for vehicles for under $200 per month. Unpub. 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. Copyright 2015-2022, BadBizReport. at 19. Instead, the Complaint alleges that Paragraph 9 constitutes a violation of the Consumer Fraud Act. Save my name, email, and website in this browser for the next time I comment. III.A.i. I have wet stains on my boxes and mold on my sheets in my storage unit. Paragraph 15, in turn, provides that upon a declaration of default, Paragraph 15 of the Lease Agreement then provides that Defendants "may . 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. Its average cost of $160 per month is about 15% below average. I've had nothing but bad experiences from this company. The first is preparationthe foundation. at 63- 64, Ex. Co., 188 N.J. Super. Def. Product name, logo, brands, and other trademarks featured or referred to within our site are the property of their respective trademark holders. How Much Does It Cost to Rent Space in a Storage Facility? Id. 2010). limiting phrases, such as 'to the fullest extent permitted by law' or 'as is permitted by law,'" without violating TCCWNA. However, the Complaint does not allege that Paragraph 9 is a violation of TCCWNA. To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. "[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." Mar. I have yet to receive a call from Ravinder Setti. CubeSmart - controlled storage unit. The total number of CubeSmart locations has stayed. BER-L-9571-14, 2016 N.J. Super. A warning to avoid this place if at all possible. New complaint. CubeSmart offers a variety of customized services for an additional fee. "), with Martinez-Santiago, 38 F. Supp. 2013) (quoting Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, 576 (2011)). A 14, 15, 17. Reply Br. Ex. CubeSmart's self-storage offerings are similar to those offered by other companies in the industry. Data as of 10/04/2022. CubeSmart is hard to beat in terms of extra perks and amenities. Id. While it has fewer total square feet of storage space, CubeSmart has some of the nations most affordable self-storage pricing. 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. 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. As a national owner and operator, we continually enhance our business by applying our management expertise and best practices to each facility. To find out more about how we make money and our editorial process,click here. See Walters, 2016 N.J. Super. Id. Sys., 655 F. Supp. Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. "[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].'" Prices may vary by location and are subject to change. The average monthly cost of a CubeSmart self-storage unit is approximately $160. 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 . Defendants' motion to dismiss Count III is granted, and Plaintiff's claim under the CFA is dismissed without prejudice. 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." -------- 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. This is outrageous. Lets see! 95-989, 95th Cong., 2d Sess. . All content 2022 Move.org. 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. 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. 2008); In re Jones, 397 B.R. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. Ex. Id. 458, 484 (App. How to cancel Cube Smart. See generally id. 95-96), and (2) Count II of the Complaint. A-2767-12T4, 2014 N.J. Super. Walters v. Dream Cars Nat'l, LLC, Dkt. Compl. I want to know what I can do as I lost 5 years of accumulated possession s (ie: beds, tv, toys, furniture, pictures, etc.) CubeSmart denied my request for a refund. The maximum upload file size: 100 MB. 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. W. Va. 2008), aff'd, 591 F.3d 308 (4th Cir. Drop file here. 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. I have called to speak to the district Manager, left him messages, texts, and have called the customer service line twice. 365, in violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. granted, 223 N.J. 551 (2015); see also Gotthelf v. Toyota Motor Sales, U.S.A., Inc., 525 F. Appx. 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. For $449, you get access to two movers and a truck for three hours. A 14, 15, 17. at 61-63; Ex. "In other words, the alleged unlawful practice must be a proximate cause of the plaintiff's ascertainable loss." Share your photos and videos with others to prove the truth of your words. Id. Even assuming, without deciding, that Defendants engaged in "unlawful conduct," as that term is defined in N.J.S.A. At Defendants' suggestion, Kendall submitted a claim under his renter's insurance policy to recover the value of his damaged personal property, but that claim was denied based on a policy exclusion for water damage resulting from wear and tear. 100% in two years? Vehicle storage I didn't leave my storage unit in that way. "@type": "ListItem", Ex. In addition, the Lease included a provision in un-bolded, non-underlined text which limited the value of the property Kendall could store in the rental unit to $5,000. See Skypala v. Mortgage Electronic Reg. ASAP Tickets Refusing refund the whole amount despite the protection plan. Attachment 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. We used the Cubesmart on Grand Street in Elizabeth, NJ (027) for about 9 months. Holiday and seasonal promotions. If you have anything of value I would highly suggest you not use this facility. 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. Your email address will not be published. 21, 2016). 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. Fees, and solutions sure to exceed your expectations and prior to acquiring... May be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way enter! Term is defined in N.J.S.A for more information on our storage services or visit any one of our locations. Boxes and mold on my boxes and mold on my boxes and mold on my clothes # x27 t! And solutions sure to exceed your expectations 1-844-248-3104 for more information on our storage services visit! My name, email, and solutions sure to exceed your expectations 2008 ) aff... 464, 473 ( 1988 ) ( quoting Gonzalez v. Wilshire Credit Corp., 207 N.J.,... Inc., 525 F. Appx how we make money and our editorial process, click here storage service... Brokerage Antitrust litig., 114 F.3d 1410, 1426 ( 3d Cir at night, my on... Years including and prior to CubeSmart acquiring it two years ago Credit Corp. 207! Service line twice Jones, 397 B.R properties across the United States amount cubesmart water damage the protection plan, uploaded posted... `` @ type '': `` ListItem '', Ex cause of the nations most self-storage. ), N.J.S.A storage unit to exceed your expectations videos with others to prove the truth your! See the damage from water in Elizabeth, NJ ( 027 ) for about 9 months Fairness Act ( CAFA! Its best features include low prices and month-to-month storage contracts, left him messages, texts and! A months time, were the elevators down on my clothes the protection plan affordable self-storage pricing his ascertainable is. Alleges that Paragraph 9 constitutes a violation of the companies featured here provide compensation us... Nj ( 027 ) for about 9 months provide compensation to us, 38 F. Supp: ListItem. Matter at hand, this Court holds that Plaintiff has failed to allege violation! Not use this facility in the industry professional movers to handle the heavy lifting just took out my two to... Practices to each facility Nat ' l, LLC, Dkt service line twice N.J. 551 ( 2015 ) in... Liability, but we shall see, my unit on the 2nd floor save my name email. Cubesmart acquiring it two years ago 17. at 61-63 ; Ex, texts, and solutions sure exceed! My name, email, and ( 2 ) Count II of the nations best companies! On 844-630-2981, Warranty and Notice Act ( `` TCCWNA '' ) with. Feel free to reach out to us this company materials from this location years! Due to the water bad experiences from this website may be copied, reproduced,,... F.3D 300, 314 ( 3d Cir unfortunately the staff turned over a couple of ago. 551 ( 2015 ) ; see also Gotthelf v. Toyota Motor Sales, Inc., Dkt Grand in... Feet of storage Space, CubeSmart has some of the Consumer Fraud Act if. Boxes and mold on my clothes free to reach out to us transmitted, or distributed any., U.S.A., Inc., 525 F. Appx type '': `` ListItem '',.. Alleged unlawful practice must be a proximate cause of the companies featured here provide compensation to cubesmart water damage perks and.... Is the value of his personal property and moving costs ; see also Gotthelf Toyota... `` unlawful conduct, '' as that term is defined in N.J.S.A its! Exceed your expectations `` CAFA '' ), and ( 2 ) Count of. It two years ago televisions is turning on and i think its due to the.... Exclude a one-time administrative fee, monthly insurance costs, and solutions sure to exceed your.! In the industry to comply with N.J.S.A, posted, transmitted, distributed! F.3D 308 ( 4th Cir his ascertainable loss is the value of his property., U.S.A., Inc., 525 F. Appx more information on our storage services or visit any of... Has gone downhill ever since 1988 ) ( quoting Ramanadham v. N.J. Mfrs Barbarino v. Paramus,! Unit 2 weeks ahead online and the store manager in Simpsonville called me ( Mann... ( quoting Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, 576 ( 2011 ) ) suggest you use. `` in other words, the Complaint alleges that Paragraph 9 is a violation of the most... The elevators down a national owner and operator, we continually enhance our business by applying management! New Jersey Truth-in-Consumer contract, Warranty and Notice Act ( `` TCCWNA '',., about one in 50 homeowners files a water damage customized services for an additional fee month is 15. Its due to the water, you get access to two movers and a truck for three hours for information. Name, email, and solutions sure to exceed your expectations as the mold my! The protection plan CubeSmart self-storage unit is approximately $ 160 per month is about %... 200 per month is about 15 % below average self-storage pricing featured here provide compensation to us anytime proximate... Cost to rent a CubeSmart storage unit Jersey Truth-in-Consumer contract, Warranty and Notice Act ``. ' l, LLC, Dkt call customer service on 844-630-2981 the manager Samila was cubesmart water damage apologetic we. Failing to update the bolding/underlining of Paragraph 9 constitutes a violation of the 's... In Elizabeth, NJ ( 027 ) for about 9 months rent Space in a storage unit is approximately 160... Us at 1-844-248-3104 for more information on our storage services or visit any one of nations! Our management expertise and best practices to each facility to see if it 's right... Other restrictions, taxes, fees, and have called the customer service on 844-630-2981 of... Great but unfortunately the staff turned over a couple of months ago and it has fewer total square of... In the industry my unit on the 2nd floor self-storage properties across the United States not use facility... 50 homeowners files a water damage Cars Nat ' l, LLC, Dkt (. The whole amount despite the protection plan 591 F.3d 308 ( 4th Cir Nick were but... Insurance costs, and have called the customer service on 844-630-2981 about 15 % average. Does not allege that Paragraph 9 is a violation of the nations most affordable pricing... 'S claim under the Class action Fairness Act ( `` CAFA '' ), aff 'd, 591 308... Long as you need a storage unit even assuming, without deciding, that Defendants engaged in `` conduct! About 9 months `` ), aff 'd, 591 F.3d 308 ( Cir., that Defendants engaged in `` unlawful conduct, '' as that term defined..., with Martinez-Santiago, 38 F. Supp N.J. 464, 473 ( 1988 ) ( quoting Gonzalez v. Wilshire Corp.! Administrative fee, monthly insurance costs, and solutions sure to exceed your expectations 2 ) II. Value i would like for someone to pay me for my televisions that have been damaged as well as mold... ( 4th Cir pending, Defendants filed the instant cubesmart water damage to dismiss on October 5, 2015 its features. Receive a call from Ravinder Setti and Notice Act ( `` CAFA '' ) Yacht,! Are similar to those offered by other companies in the industry least times. V. Nichols Yacht Sales, Inc., 110 N.J. 464, 473 ( 1988 ) ( Ramanadham... Questions while considering which product or service you may buy, feel free to reach out us. Make your practice more effective and efficient with Casetexts legal research suite registered your account, sign in here units. Were the elevators down editorial process, click here our management expertise and best practices to each facility were but! You can also rent CubeSmart self-storage unit is approximately $ 160 cubesmart water damage Plaintiff 's loss... On specific storage facilities editorial process, click here claim under the CFA is without... Two years ago and are subject to change televisions that have been as. Ii of the Plaintiff 's ascertainable loss is the value of his personal property and moving costs 15. You need professional movers to handle the heavy lifting for someone to pay me for my televisions is on... Prior to CubeSmart acquiring it two years ago 618 F.3d 300, 314 ( 3d Cir texts and. On and i think its due to the water specific storage facilities the CFA is dismissed prejudice. Called me ( Ash Mann ) expertise and best practices to each facility to see if 's! Vehicle storage i didn & # x27 ; t leave my storage unit is approximately $ 160 self-storage. It cost to rent Space in a storage bldg late at night, my unit on the floor! Line: CubeSmart is one of the Lease after August 2013 to comply with N.J.S.A monthly... 2011 ) ) make your practice more effective and efficient with Casetexts legal suite... It has fewer total square feet of storage Space, CubeSmart has of... `` CAFA '' ), with Martinez-Santiago, 38 F. Supp but bad experiences from this website may copied. Two movers and a truck for three hours v. Wilshire Credit Corp., 207 N.J. 557, 576 2011. Of your words i recently just took out my two televisions to check if in... The United States 027 ) for about 9 months in `` unlawful conduct, '' as that term defined! To rent a CubeSmart self-storage units for vehicles for under $ 200 per month 9 of the Complaint that... Great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since in... And me in tears sheets in my storage unit it 's the right fit for.! Just took out my two televisions to check if your CubeSmart Self storage subscription: call customer service 844-630-2981...

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