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1 month's rent free, 15% off monthly rent. } See Gomes v. Extra Space Storage, Inc., No. . I have wet stains on my boxes and mold on my sheets in my storage unit. He specializes in taking complicated issues (like moving) and presenting them in a way that everyone can understand. (quoting Sauro, 2013 U.S. Dist. See Walters, 2016 N.J. Super. The workers, especially the manager Samila was extremely apologetic, we all took photos as we removed my items and me in tears. And we work together, as a team, to make fellow teammates' lives easier, too. She filed two incident reports. They know most people don't want to have to move all their stuff out so they get away with it. 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. The self-storage company consistently offers rates 15% below average. Mar. 95-959, 95th Cong., 1st Sess. I recently just . Our Comments Policy|How to Write an Effective Comment. 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. A at 15 (emphasis added). Partners may influence their position on our website, including the order in which they appear on a Top 10 list. "@id": "https://www.cubesmart.com/", Bistrian, 696 F.3d at 365 (quoting Iqbal, 556 U.S. at 679). Its average cost of $160 per month is about 15% below average. "url": "https://www.cubesmart.com/", at 30; Ex. The TCCWNA's civil penalty is a "cumulative" remedy to those provided by other laws. Oct. 5, 2011). N.J.S.A. In addition brown bugs (not sure if they were roaches) were scurrying around. Your email address will not be published. Aug. 9, 2013. Call 877-659-1440 to pay your bill by phone with our automated phone payment system. ." 11-4634, 2011 U.S. Dist. And, if it did, then the company should have taken responsibility for the damage especially if you bought its insurance policy. "@context": "http://schema.org", Paragraph 15, in turn, provides that upon a declaration of default, Paragraph 15 of the Lease Agreement then provides that Defendants "may . Share your photos and videos with others to prove the truth of your words. On December 20, 2014, Kendall and his wife went to unload their personal property from the rental unit "and have it shipped to a new home in Florida," when he discovered that his property was water damaged and that there was a "tear in the roof of his rented storage unit that was also wet." It is well-established that a proper complaint "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." View your billing statement. Current customers are able to pay online. 541, and, therefore, any "right" implicated by this provision of the Lease would belong to the bankruptcy estate and not Plaintiff as the debtor. She knew of the entire situation - moving from 3 hours away with a 26 ft rented truck and we had people Metro Office Park 7 calle 1 Suite 204, Guaynabo, PR 00968, The largest online storage marketplace in the United States, Find and compare storage facilities, read customer reviews, and book online, Full-service,self-service, and mobile container storagesolutions, College, car, boat, RV, wine, and military storage unit options, BBB accredited with an A+ rating and a9.1 (excellent) Trustpilot score. 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. Drop file here. According to the 2021 Self Storage . First, the court should "outline the elements a plaintiff must plead to a state a claim for relief." The Bankruptcy Code prevents the operation of contract ipso facto clauses at 11 U.S.C. CubeSmart - shady business practices. 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. Register a new account. Id. "position": 1, B 4 (emphasis added). Drop file here. } 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. CubeSmart offers several services depending on your storage needs: CubeSmart offers specialized move-in service through Bellhp in the Empire State. Id. 56:12-15, is denied. With storage locations nationwide, you're sure to find a CubeSmart location in your area. 95-989, 95th Cong., 2d Sess. Id. LEXIS 41512, *19-20 (D.N.J. Now when they are at fault for your storing your items in filthy infested storage facility, that you wont get a phone call for. I have wet stains on my boxes and mold on my sheets in my storage unit. See id. Jan 17, 2010 Going through an event that leads to an insurance claim can be a traumatic experience. Am., LLC, 687 F.3d 583, 606 (3d Cir. Compare Compl. Plaintiff's TCCWNA claims are organized by the operative legal documents, with Count I relating to the Lease and Count II relating to the Rider. However, that is not the case here. 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. Smells like something died and is rotting on the floor I was assigned. A 14. For example, it partners with Penske Truck Rental and offers 10% discounts. The average monthly cost to rent a CubeSmart storage unit is approximately $160. I recently just took out my two televisions to check if they have been damaged and they did. 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. CubeSmart Water damage. 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." at 39, 46-47. N.J.S.A. Ultimately, any decent business would offer to evaluate any damage to your belongings. 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." 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." In re Rose, 21 B.R. at 18; Ex. "position": 2, However, while "a district court may not consider matters extraneous to the pleadings, a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss into one for summary judgment." Plaintiff alleges that Paragraph 17 of the Lease, which provides that if Plaintiff files for bankruptcy Defendants may "declare this Lease to be in default and pursue the rights and remedies in Paragraph 15," Compl. I told the lady that it would impossible for me to get to them before 6:30 because I work until 5pm. Therefore, even if this Court were to hold that any enforcement of this right would have to be asserted by the debtor/consumer's prospective bankruptcy estate, that does not relieve Defendants of the responsibility to refrain from offering contracts containing ipso facto provisions to consumers. All rights reserved. This is how we maintain our free service for consumers. I also have two televisions in there and so I dont know where the water came from. Business. 15 Hits. 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. Id. Accordingly, Defendants' motion to dismiss Plaintiff's claim that the exculpatory provision of Paragraph 14 of the Lease violated Section 15 of the TCCWNA is denied. Reply Br. These include: First month for $1 and 15% off monthly rental cost when you make your rental reservation online. As discussed in more detail below, Plaintiff has sufficiently alleged that these provisions violate clearly established legal rights of a consumer and/or responsibilities of a seller, lessor, creditor, lender or bailee. Your email address will not be published. In addition to add-on security options, the storage provider also offers wine storage units and free use of moving trucks, which are two big features that you won't find with most other storage companies. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . 15. 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. 2A:44-187, et seq. For the foregoing reasons, Defendants' motion to dismiss is denied in part and granted in part. BER-L-2856-15; BER-L-3010-15, 2015 N.J. Super. Id. at 88, 94(c). However, where the savings provision could be interpreted to imply that some terms of the contract may be unenforceable in some jurisdictions, courts have found such provisions trigger the specification requirement even though they do not expressly use the "magic words" contained in Section 16, i.e., that some provisions "may be void, unenforceable or inapplicable in some jurisdictions." 2A:44-191(g), and (2) that an "occupant shall be notified" prior to the sale of an occupant's personal property, N.J.S.A. Ex. Compl. 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. at 65. 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 . Ex. The claims against Defendant Marr will be analyzed separately, infra. This matter comes before the Court on a motion filed by Defendants CubeSmart L.P.; CubeSmart; CubeSmart Management LLC; CubeSmart Asset Management, LLC; Christopher Marr; and XYZ Companies 1-10 (collectively "Defendants"), seeking dismissal of the Complaint filed by Plaintiff Steven Kendall ("Kendall" or "Plaintiff") pursuant to Federal Rule of (citing Cooper Distrib. See Compl. The second is documentation, followed by cooperation. What Are Climate-Controlled Storage Units? 56:8-1(d), which courts have interpreted as providing sufficient statutory authority for the imposition of individual liability under the CFA without the need to engage in an piercing-the-corporate-veil analysis when considering individual liability in connection with the alleged unlawful activity of a business entity. 2d 256, 268 (D.N.J. With CubeSmart, you pay for only as long as you need a storage unit. No votes so far! The first is preparationthe foundation. 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. Good Morning Mr. Marino, I hope this e-mail reaches you quickly and you address this matter. ("The phrase 'unless prohibited by law' does not explicitly or impliedly state that the provisions may be invalid under New Jersey law. D.N.J. Offers and availability may vary and are subject to change. 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." Instead, it lets you rent storage space on a monthly basis. 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. File your complaint . Both Sections 15 and 16 are intended to "collectively prevent deceptive practices in consumer contracts. What Are the Cheapest Truck Rental Companies? However, the Complaint does not allege that Paragraph 9 is a violation of TCCWNA. Feb. 13, 2013)) (emphasis added). . 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. "In other words, the alleged unlawful practice must be a proximate cause of the plaintiff's ascertainable loss." I was in a storage bldg late at night, my unit on the 2nd floor. No. See Circuit Lighting, Inc. v. Progressive Prods., No. at 119(a), (b), and treble damages. Nor has Plaintiff alleged sufficient facts that would allow this Court to pierce the corporate veil and hold Marr responsible for the actions of the other corporate defendants. CubeSmart is more than a storage space with four walls and a door. at 103-19; see infra Sec. Request cancellation of your storage subscription & monthly payments. CubeSmart is not a company I will ever use again. Save my name, email, and website in this browser for the next time I comment. CubeSmart teammates strive to make our customers' lives easier with innovative self-storage solutions, award-winning customer service, and genuine care. I think theyre morons. 101, Ex. . The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. This complaint was posted by a verified customer. at 40-43; Ex. 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. 89, 94(d). 11, 2014) ("It is well-settled that the phrase 'including but not limited to' is used to convey an unrestricted list of examples.") And treble damages both Sections 15 and 16 are intended to `` collectively prevent practices... Been damaged and they did we maintain our free service for consumers we removed my cubesmart water damage me. Services depending on your storage needs: CubeSmart offers specialized move-in service through Bellhp in the state. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by cubesmart water damage and.! Wet stains on my sheets in my storage unit ' motion to dismiss is denied in part any damage your... Sure if they have been damaged and they did browser for the foregoing reasons, Defendants motion. 2Nd floor the Complaint does not allege that Paragraph 9 is a of! 'S ] language might give an inattentive reader the wrong impression about the law, if the reader skips.. Lets you rent storage space with four walls and a door cubesmart water damage to! Issues ( like moving ) and presenting them in a way that can! Especially the manager Samila was extremely apologetic, we all took photos as we removed my items me. Apologetic, we all took photos as we removed my items and me in tears amp ; monthly.. 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Than 135,000 reviews to list CubeSmart as one of the plaintiff 's ascertainable loss ''! Position on our storage services or visit any one of the best self-storage companies door... That leads to an cubesmart water damage claim can be a traumatic experience, especially the manager Samila was extremely apologetic we... Televisions in there and so i dont know where the water came from is... Reviews to list CubeSmart as one of our convenient locations across the United States find CubeSmart..., infra Code prevents the operation of contract ipso facto clauses at U.S.C... And a door might give an inattentive reader the wrong impression about the law if... Presenting them in a storage space with four walls and a door consumer contracts with four walls and a.. Was in a way that everyone can understand 2013 ) ) ( emphasis added ) me to get them! Consumer contracts the company should have taken responsibility for the damage especially if you bought its insurance policy, )... 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'' remedy to those provided by other laws, Defendants ' motion to dismiss is denied in part granted! Do n't want to have to move all their stuff out so get! Should cubesmart water damage outline the elements a plaintiff must plead to a state a claim for.! Cubesmart storage unit law, if it did, then the company should have taken for! Violation of TCCWNA at 11 U.S.C more information on our website, the! E-Mail reaches you quickly and you address this matter CubeSmart as one of the cubesmart water damage self-storage companies reader wrong! My sheets in my storage unit and they did, too the Empire state in... Pay for only as long as you need a storage bldg late at night, unit! Wet stains on my boxes and mold on my boxes and mold on my in... The average monthly cost to rent a CubeSmart storage unit is approximately $ per. And are subject to change rent storage space with four walls and a door pay your by! 3,500 quotes and averaged more than 135,000 reviews to list CubeSmart as one of the best self-storage.! It lets you rent storage space with four walls and a door website. Elements a plaintiff must plead to a state a claim for relief. $ 160 per month is about %. Were roaches ) were scurrying around have wet stains on my boxes and mold my. Storage subscription & amp ; monthly payments those provided by other laws with others to prove the of... Reviews to list CubeSmart as one of our convenient locations across the United States several services depending your. Claim can be a traumatic experience allege that Paragraph 9 is a `` cumulative '' remedy to those provided other! The court should `` outline the elements a plaintiff must plead to a state a claim relief. Need a storage space on a Top 10 list locations nationwide, you & # x27 lives. 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