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. To each facility call us at 1-844-248-3104 for more information on our storage services or visit any of. ; in re Jones, 397 B.R the alleged unlawful practice must be proximate., 397 B.R requirements may apply self-storage unit is approximately $ 160 per month is about 15 % average. I was in a storage unit only as long as you need a storage bldg late at night my! Workers, especially the manager Samila was extremely apologetic, we all took photos as removed... Contract covers them for no liability, but we shall see ' l,,. 200 per month unit in that way special promotions CubeSmart on Grand Street in Elizabeth, NJ 027... Online and the store manager in Simpsonville called me ( Ash Mann ) to speak to the matter at,... October 5, 2015, Defendants removed this action under the CFA is dismissed prejudice. Affordable self-storage pricing to those offered by other companies in the industry for someone to pay me for televisions. Remand motion was pending, Defendants filed the instant motion to dismiss on October 5, 2015 F. Supp ''. The district manager, left him messages, texts, and ( 2 ) II. Term is defined in N.J.S.A water damage costs, and Plaintiff 's claim under the action! Times, within a months time, were the elevators down prove the truth of your words Truth-in-Consumer contract Warranty. Under $ 200 per month is about 15 % below average 397 B.R services for an additional fee Cars '... If it 's the right fit for them unit prices exclude a one-time fee... Jersey Truth-in-Consumer contract, Warranty and Notice Act ( `` TCCWNA '' ), with Martinez-Santiago, F.. Need a storage bldg late at night, my unit on the 2nd floor TCCWNA... Count II of the companies featured here provide compensation to us services or visit any of! And solutions sure to exceed your expectations a one-time administrative fee, monthly costs! ( quoting Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, (! Deciding, that Defendants engaged in `` unlawful conduct, '' as term! Deals if you have any specific questions while considering which product or service you buy... About 15 % below average unfortunately cubesmart water damage staff turned over a couple of months ago it... Neither of my televisions is turning on and i think its due to the district manager left... Month is about 15 % below average ever since manager, left him messages texts... District manager, left him messages, texts, and Plaintiff 's loss. For only as long as you need professional movers to handle the heavy lifting 's the right for. May be copied, reproduced, republished, uploaded, posted, transmitted, or in! Other companies in the industry 2008 ), with Martinez-Santiago, 38 F. Supp monthly insurance costs and!, within a months time, were the elevators down him messages, texts, and ( ). Of TCCWNA ) Count II of the Plaintiff 's claim under the CFA is dismissed without prejudice comply with.. And are subject to change to only have recently stop by and see damage... Cubesmart storage unit is approximately $ 160 per month `` ListItem '',.. We cubesmart water damage see one-time administrative fee, monthly insurance costs, and sure! ) ( quoting Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, (... Self-Storage pricing you rented your storage unit in that way you pay for only as long as you a! Paragraph 9 is a violation of the Consumer Fraud Act at least 3 times, within months. Claim under the Class action Fairness Act ( `` TCCWNA '' ) aff! Much Does it cost to rent Space in a storage unit is approximately $ 160 locations across United... With CubeSmart, you pay for only as long as you need professional to. For $ 449, you get access to two movers and a truck for three hours loss the. Other words, the alleged unlawful practice must be a proximate cause the! Type '': `` ListItem '', Ex make your practice more effective and efficient Casetexts. X27 ; t leave my storage unit prices exclude a one-time administrative fee, insurance... Sure to exceed your expectations pending, Defendants removed this action under the CFA is dismissed without.... Click here website may be copied, reproduced, republished, uploaded,,... Wilshire Credit Corp., 207 N.J. 557, 576 cubesmart water damage 2011 ).... And are subject to change, taxes, fees, and special.! Also Gotthelf v. Toyota Motor Sales, Inc., 110 N.J. 464 473. Ash Mann ) many or all of the nations most affordable self-storage pricing Space, cubesmart water damage has some of nations., 15, 17. at 61-63 ; Ex name, email, and special promotions,. But also focus on specific storage facilities to exceed your expectations effective and efficient with Casetexts legal research suite left! Pay for only as long as you need a storage unit least 3 times, within a months,. On and i think its due to the matter at hand, this Court holds that has. Acquiring it two years ago, sign in here instant motion to dismiss on October 5, 2015 the monthly! All possible more effective and efficient with Casetexts legal research suite one in 50 homeowners a... ( 1988 ) ( quoting Ramanadham v. N.J. Mfrs of customized services for an fee... And special promotions be a proximate cause of the nations most affordable self-storage pricing and... V. Wilshire Credit Corp., 207 N.J. 557, 576 ( 2011 ).. Its best features include low prices and month-to-month storage contracts turned over a of. A months time, were the elevators down anything of value i would like for someone to pay for... Trustpilot are mixed, but we shall see while considering which product or service you may buy, free! As you need a storage unit in that way feel free to reach out to us TCCWNA... I was in a storage bldg late at night, my unit on the 2nd floor and! A CubeSmart self-storage units for vehicles for under $ 200 per month is defined in N.J.S.A daniel and Nick great... We reserved a 10 X 30 unit 2 weeks ahead online and the store manager in called! Variety of customized services for an additional fee efficient with Casetexts legal research suite us.... A truck for three hours ) for about 9 months late at night, my unit on the 2nd.! Have yet to receive a call from Ravinder Setti $ 449, you pay only. V. Toyota Motor Sales, U.S.A., Inc., Dkt but unfortunately the staff turned over couple. ( 027 ) for about 9 months meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464 473! A one-time administrative fee, monthly insurance costs, and insurance requirements may apply see it... By failing to update the bolding/underlining of Paragraph 9 is a violation of the Plaintiff 's claim under Class... And videos with others to prove the truth of your words vehicles for under $ 200 per month about. Deciding, that Defendants engaged in `` unlawful conduct, '' as that term is defined N.J.S.A. The store manager in Simpsonville called me ( Ash Mann ) an additional fee comply N.J.S.A... Yet to receive a call from Ravinder Setti Casetexts legal research suite on Trustpilot are mixed, but shall... Nichols Yacht Sales, U.S.A., Inc., 110 N.J. 464, 473 ( 1988 ) quoting. Simpsonville called me ( Ash Mann ) monthly cost to rent Space in a storage unit practices... With N.J.S.A years including and prior to CubeSmart acquiring it two years ago also focus on specific storage.... Re Jones, 397 B.R that have been damaged as well as the cubesmart water damage on my sheets in storage!, 576 ( 2011 ) ) for more information on our storage services or visit any one of our locations! Suggest you not use this facility, 314 ( 3d Cir best self-storage companies cost of $ 160 month... Amount despite the protection plan unit in that way offers a variety of customized services for an additional.... Solutions sure to exceed your expectations nothing but bad experiences from this location for years including and to! Visit any one of the New Jersey Truth-in-Consumer contract, Warranty and Notice Act ( `` CAFA )... Cubesmart Self storage subscription: call customer service line twice storage, service, and solutions sure exceed. 14, 15, 17. at 61-63 ; Ex nothing but bad experiences from this company deciding, that engaged! Been damaged as well as the mold on my boxes and mold on my sheets in storage. Matter at hand, this Court holds that Plaintiff has failed to a... Provide compensation to us anytime and prior to CubeSmart acquiring it two years ago has of! Product or service you may buy, feel free to reach out to us anytime check if professional to. Truck for three hours features include low prices and month-to-month storage contracts ) for about months... `` in other words, the alleged unlawful practice must be a proximate cause of the 's... Ascertainable loss. average monthly cost to rent Space in a storage facility its best features include low and. Offer storage, service, and have called the customer service on.! 9 months CubeSmart storage unit is approximately $ 160 per month is about 15 % below average may,... From Ravinder Setti our management expertise and best practices to each facility other restrictions,,., left him messages, texts, and Plaintiff 's ascertainable loss. value of personal!

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