The lids on my bins had brown water stains and stuck mouse droppings. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. Compl. File your complaint . Or are they just morons? I suggest you stay away from this place. Your email address will not be published. See Cablevision of Oakland, LLC v. CK Bergen Holdings, LLC, No. 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. I didn't leave my storage unit in that way. 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." 15-16, 18-19. A 14, 15, 17. The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. Plaintiff alleges that Paragraph 14 of the Lease unlawfully purports to absolve Defendants from all liability including, but not limited to, liability for personal injury claims by business invitees arising out of Defendants' own intentional or negligent acts or omissions. Defendants also argue that Paragraph 9's limitation on the value of property Plaintiff could store in the rental storage unit to $5,000 is not a violation of TCCWNA. The average monthly cost of a CubeSmart self-storage unit is approximately $160. LEXIS 125209, at *10-11 (D.N.J. I have wet stains on my boxes and mold on my sheets in my storage unit. CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. 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." 365. 2014). Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. Reviews on Trustpilot are mixed, but also focus on specific storage facilities. I have yet to receive a call from Ravinder Setti. With storage locations nationwide, youre sure to find a CubeSmart location in your area. See Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. 348-9 (1977)) (citing Senate Report No. How to cancel Cube Smart. 272, 276 (Bankr. En espaol: 844-123-4147. . A, 9. 161, 166 n.1 (E.D.N.C. Compl. 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. Compl. Stated another way, TCCWNA permits sellers to expand valid terms of a consumer contract so that they extend to the fullest degree allowed by law. . 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. According to the Complaint, the Lease allegedly contains provisions which (1) purport to exculpate Defendants from all liability including, but not limited to, liability for personal injury claims by business invitees arising out of Defendants' own intentional or negligent acts or omissions; (2) permit Defendants to sell personal property at (i) private sales (ii) without notice; and (3) permit Defendants to declare the Lease in default in the event that a lessor files for bankruptcy. My advice is to run away from renting at this property. Feb. 13, 2013)) (emphasis added). First, the court should "outline the elements a plaintiff must plead to a state a claim for relief." 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. He would love to hear about your moving experiences and questions at kurt@move.org. Some companies might require a minimum six-month contract, meaning youd pay for three months you didnt need. Vehicle storage. The TCCWNA "does not establish rights or seller responsibilities," itself, but "[r]ather, the statute bolsters rights and responsibilities established by other laws." 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." A 14. On October 20, 2010, Kendall executed a Self-Storage Lease ("Lease") to rent a storage space from Defendants for a term of one month, which automatically extended each month. and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. "@type": "ListItem", III.A.i. Disclaimer: *Storage unit sizes are approximate and subject to availability. Nowhere in the statutory text or the legislative history is the requirement of the seller to explain every nuance of New Jersey law."). Copyright 2021 CubeSmart. Last Updated: April 15, 2023 at 9:05 a.m. Ex. Id. Things You Should Know About Moving Containers, Best Companies for Moving Trailer Rentals, Best Car Shipping Companies for Your Military Move, How to Estimate the Storage Unit Size You Need. Compare Compl. See Allen v. V & A Bros., Inc., 208 N.J. 114, 131 (2011); see also Ceballo v. Mac Tools, Inc., No. 101, Ex. "name": "Home" Learn more. Drop file here. If you don't click the links on our site or use the phone numbers listed on our site we will not be compensated. Id. CubeSmart Water damage. at 65. I say stay far away from these heartless crooks! However, in 2013, after Plaintiff executed the Lease, the New Jersey Legislature amended the SSFA to require that liability limitations like the one contained in Paragraph 9 of the Lease be "printed in bold type or underlined in the rental agreement." Data as of 10/04/2022. 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. The unit itself at 81 Cove Street in New Bedford MA is clean and provides carts for moving personal property. Nor does the Rider's general reference that a sale of personal property will conform to the requirements of the SSFA cure the TCCWNA violation, as this merely shifts the onus on to the consumer to discover that the SSFA requires that such a sale must be public. Then my unit was broken into again in March 2023. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Get the app. Lifestyle. 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 . Prices range broadly between urban and suburban or rural areas, as can be seen in the example prices we've pulled. With storage locations nationwide, you're sure to find a CubeSmart location in your area. See Sponsors' Statement, Statement to Assembly Bill No. 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." 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. Sept. 4, 2012). Plaintiff alleges that Paragraph 15 of the Lease, which provides, in relevant part, that if Plaintiff defaults on the Lease, "[t]he Owner may sell the personal Property . CubeSmart doesnt lock you into long-term contracts. Ultimately the choice is yours. It also provides similar deals if you need professional movers to handle the heavy lifting. Data as of August 2022. 56:12-16, and those claims are dismissed without prejudice. Water damage restoration is the process of returning the property's condition to its original state before water intrusion. These clauses, protected under present law, automatically terminate the contract or lease, or permit the other contracting party to terminate the contract or lease, in the event of bankruptcy." 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. A 17 (emphasis added). |, Best Climate-Controlled Self-Storage Companies. Make online payments anytime. While the remand motion was pending, Defendants filed the instant motion to dismiss on October 5, 2015. I couldn't tell they were damaged . A 15, and in the separate Rider, that Defendants' "sale or other disposition" will be pursuant to the SSFA, id. Instead, it lets you rent storage space on a monthly basis. 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. LEXIS 498 at *13 ("[T]he Legislature intended to prevent and remediate the inclusion or omission of certain confusing or illegal provisions that deny a consumer of his or her rights or remedies, or that obscure those rights or remedies. Do NOT rent from this organization. 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. 109-10; Ex. How Do I Set Up Home Services in My New Home? 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. 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. It is sad to see another company not caring about its clients and taking advantage of them in order to maximize profits. 458, 484 (App. W. Va. 2008), aff'd, 591 F.3d 308 (4th Cir. Now I have to go through hell every month paying them by check mailing it out. We sometimes offer premium or additional placements on our website and in our marketing materials to our advertising partners. CubeSmart has hundreds of locations across the country. But sellers cannot include invalid terms, discouraging consumers from exercising their clearly established rights and, at the same time, avoid liability under TCCWNA by including general assurances that those terms of the consumer contract would only be exercised in compliance with applicable law. Bottom line: CubeSmart is one of the nations best self-storage companies. "position": 1, You can also rent Cubesmart self-storage units for vehicles for under $200 per month. 10% discounts on top of other promotions for active duty military personnel. There are three critical elements in any insurance-claim process. However, it trimmed prices even more during COVID-19, making monthly costs nearly, While many other companies added new storage facilities, theres no indication that CubeSmart has undergone significant growth over the past year. Walters v. Dream Cars Nat'l, LLC, Dkt. Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464, 473 (1988) (quoting Ramanadham v. N.J. Mfrs. 's I, J. I also have two televisions in there and so I don't know where the water came from. Compare Martinez-Santiago, 38 F. Supp. For one year of storage, CubeSmart self-storage can save you nearly $400 compared to other companies. CubeSmart denied my request for a refund. at 30; Ex. Jan 17, 2010 Going through an event that leads to an insurance claim can be a traumatic experience. Paragraph 15, in turn, provides that upon a declaration of default, Paragraph 15 of the Lease Agreement then provides that Defendants "may . Id. A CFA claim requires a plaintiff to establish three elements: (1) unlawful conduct by defendant; (2) an ascertainable loss by plaintiff; and (3) a causal relationship between the unlawful conduct and the ascertainable loss. While water damage restoration usually does not require certification, it should ideally be performed by a . 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. Generally, when determining a motion under Rule 12(b)(6), the court may only consider the complaint and its attached exhibits. This is completed by professional technicians who are certified to follow industry standards using the proper methods and tools. Id. Specifically, Kendall requested (1) $33,904.96 as the replacement cost of the damaged property; (2) $5,092, which represented 50% of the amount Kendall paid Defendants in rent from October 2010 to December 2014; and (3) $1,878, which represented 30% of the moving costs allegedly incurred by Kendall. She said I couldn't get in because my code wouldn't work. Ex. at 113-14. 15-6098, 2015 U.S. Dist. } ] The maximum upload file size: 100 MB. 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. 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." 2d 451, 459 (D.N.J. Good Morning Mr. Marino, I hope this e-mail reaches you quickly and you address this matter. Unpub. Get online access to: Manage your account. 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. B 3. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. 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. 56:12-16 (emphasis added). LEXIS 491, *11 (App. 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." Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. CubeSmart has a variety of vehicle storage units that fit everything from small motorcycles to extra-large recreational vehicles. Nov. 19, 2015). See In re Blakeley, 363 B.R. terminate this Lease in the manner provided by law. I told the lady that it would impossible for me to get to them before 6:30 because I work until 5pm. Original review: March 25, 2023. Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. My daughters keep sake items were stained with droppings stuck on them. I cried along with my children as I was not going to take their keep sake items, clothing and room baskets because they were filled with rat droppings. 30, 33 (App. 56:12-14, et seq., and (2) individually, that Plaintiff's leasing documents contained a limitation on liability provision which violated the New Jersey Consumer Fraud Act ("CFA"), N.J.S.A. Drop file here. Accordingly, all Plaintiff's claims against Marr are dismissed without prejudice. Therefore, Plaintiff alleges that Defendants engaged in "unlawful conduct" by renewing the terms of the Lease after August 2013 without updating the typeface of Paragraph 9 to comply with the bold/underlining requirement set forth in N.J.S.A. CubeSmart's self-storage offerings are similar to those offered by other companies in the industry. B 4 (emphasis added). I recently just . To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. Call 877-659-1440 to pay your bill by phone with our automated phone payment system. CubeSmart - controlled storage unit. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. LEXIS 498, *15 (Law Div. Click here for offer details. CubeSmart - shady business practices. 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