cubesmart water damage

Plus, the storage company typically offers several discounts, including deals for military members and college students. All rights reserved. N.J.S.A. }. LEXIS 41512, *19-20 (D.N.J. CubeSmart offers a variety of storage unit types and sizes in 33 states and the District of Columbia. Instead, it lets you rent storage space on a monthly basis. First, the court should "outline the elements a plaintiff must plead to a state a claim for relief." Ex. They don't care to take any action. Ex. You will receive a confirmation email. A-2767-12T4, 2014 N.J. Super. . They were supposed to set me up for my credit card to be billed monthly. 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. On September 9, 2015, Plaintiff filed a motion to remand, which this Court denied on November 19, 2015. Id. Oct. 5, 2011). 's K, L. Kendall did not sign the General Release of Liability. 56:8-1, et seq. A 14, 15, 17. We know we can only be successful if we take your trust in us seriously! (Industry average is 4% annually) Manager simply doesn't care and is rude. "@type": "ListItem", Id. "); Barbarino v. Paramus Ford, Inc., Dkt. 's A-795-15; A-796-15. 91, the Complaint is clear that Plaintiff leased the rental unit from U-Store-It, "an associated name of Defendant CubeSmart Asset Management, LLC." Bistrian v. Levi, 696 F.3d 352, 365 (3d Cir. Marcus v. BMW of N. CubeSmart is not a company I will ever use again. Here, while Plaintiff's allegations groups Marr together with the other Defendants collectively in the Complaint, Compl. It should be automatic on your credit card. See Sponsors' Statement, Statement to Assembly Bill No. On August 10, 2015, Defendants removed this action under the Class Action Fairness Act ("CAFA"). My unit was broken into in Jan 2023 because they didn't fix the front locks for months. Sept. 4, 2012). Im confused about how this happened. 365, in violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. All content 2022 Move.org. 200 North Ridgewood AvenueEdgewater, FL 32132 (512) 361-1686. --------. We reserved a 10 X 30 unit 2 weeks ahead online and the store manager in Simpsonville called me (Ash Mann). These decisions have interpreted and refined the contours of Section 16 in two important ways. 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. 2A:44-193, L. 2013, c. 128, 3, eff. They are completely incompetent. Make online payments anytime. See where CubeSmart ranks on our list of the best self-storage companies. 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. The floors had hundreds of huge rodent droppings. To find out more about how we make money and our editorial process,click here. Please enter the same email address you provided when you rented your storage unit. 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." BER-L-6105-15 at *7 (Law Div. 463, 467 n.4 (Bankr. My advice is to run away from renting at this property. granted, 223 N.J. 551 (2015); see also Gotthelf v. Toyota Motor Sales, U.S.A., Inc., 525 F. Appx. I left the mattress with the cover with holes. 365. The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. Original review: March 25, 2023. Copyright 2015-2022, BadBizReport. 56:12-15 (emphasis added). See Martina v. LA Fitness Int'l, LLC, No. . LEXIS 125209, at *10-11 (D.N.J. Fitness Int'l, LLC, 12-3682, 2013 U.S. Dist. "name": "About CubeSmart" 2009). 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. . "[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].'" LEXIS 498 at *16 ("If a consumer contract is or may be used in multiple jurisdictions and expressly states that any of its provisions are or may be void, unenforceable, or inapplicable in certain of those jurisdictions, the contract must specify how these provisions are void, unenforceable, or inapplicable in New Jersey."). Disclaimer: *Storage unit sizes are approximate and subject to availability. This is how we maintain our free service for consumers. 2009). Click here for offer details. 541, and, therefore, any "right" implicated by this provision of the Lease would belong to the bankruptcy estate and not Plaintiff as the debtor. The Court disagrees. The Court notes that there is an appeal pending in the state courts of New Jersey that concerns the application of Section 16 of the TCCWNA. 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." I have wet stains on my boxes and mold on my sheets in my storage unit. No. Its best features include low prices and month-to-month storage contracts. The gates were closed and only the office was open. 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. Twombly, 550 U.S. at 555 (internal quotations and citations omitted). 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. Phone Payment Line. 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[.]" 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." See Compl. In the event that the New Jersey Supreme Court provides a different interpretation of the TCCWNA during the pendency of this case, under which Plaintiff's Section 16 claims would be sufficient, Plaintiff may seek leave to file an amended complaint to re-assert his claims that the savings clauses contained in the Lease and Rider violate Section 16 of the TCCWNA. 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. How does Complain.biz work. My daughter owes her former landlord $5,000 for water damage, even though they ignored her requests to fix it. Myska v. New Jersey Mfrs. Now when they are at fault for your storing your items in filthy infested storage facility, that you wont get a phone call for. If you have anything of value I would highly suggest you not use this facility. 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. You are here: Home About CubeSmart { 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." Vehicle storage. 3d at 511 (finding that phrase "If any provision of this Lease/Rental Agreement shall be invalid or prohibited under [the law of the state where the rental property is located], such provision shall be ineffective only to the extent of such prohibition or invalidity" sufficiently implied unenforceability in some jurisdictions so as to trigger Section 16), with Greenberg v. Mahwah Sales and Services, Inc., Dkt. My Mattress cover had holes and torn from these rodents. 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. N.J.S.A. I recently just . CubeSmart denied my request for a refund. Ex. Quickly browse for nearby locations and book a reservation or rent a space, check your account balances and history, pay bills or set up for autopay, check store hours, and manage your . Additionally, there is office space rental available in some locations. 2004) (citation omitted); see also In re Burlington Coat Factory Sec. At Move.org, we offer financial assistance to individuals and families who are moving in exchange for details about their experience. I have wet stains on my boxes and mold on my sheets in my storage unit. 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." 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. 3:2015cv06098 - Document 28 (D.N.J. 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 . Discounts are almost always available on CubeSmart Self Storage units. 348-9 (1977)) (citing Senate Report No. LEXIS 58144, *29-30 (D.N.J. at 113-14. at Ex. However, with respect to the value of his personal property, Plaintiff has failed to allege how this loss is causally connected to the alleged unlawful conduct. at 103-19; see infra Sec. Holiday and seasonal promotions. at 109-10; Ex. SATURDAY 9/14/19 I discovered hundreds of mouse droppings in the entrance of the room where my storage is kept. at 679. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . Although TCCWNA does not require consumer contracts to spell out every provision of law with which its terms seek to conform, a seller cannot sidestep TCCWNA by merely including a broad savings clause which acts to nullify unenforceable terms made explicit in the contract. I was trapped in the bldg for about a 1/2 hour, not able to find a staircase and not knowing the elevators were broken. Apr. Upon opening the unit we discovered hundreds of droppings. A table we stored that belong to my brother in law who passed was loaded with droppings, the chair materials looked pulled and had droppings all over them. I didn't leave my storage unit in that way. Unpub. 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. Every year, about one in 50 homeowners files a water damage. Consumers are advised to research each facility to see if it's the right fit for them. 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. (quoting Zaman v. Felton, 219 N.J. 199, 222 (2014)), certif. All rights reserved. See In re Blakeley, 363 B.R. I couldnt tell they were damaged because on the outside they seemed fine. at 86-87, 94(a), (b). I have called to speak to the district Manager, left him messages, texts, and have called the customer service line twice. 2d 451, 459 (D.N.J. Data as of 10/04/2022. Some companies might require a minimum six-month contract, meaning youd pay for three months you didnt need. Move.org calculates industry averages and identifies pricing trends by following a fourfold research approach: By signing up you agree to our Terms of Use and Privacy Policy. Save my name, email, and website in this browser for the next time I comment. K. Nevertheless, Defendants offered to settle Kendall's claim for $5,000 and attached a General Release of Liability for Kendall's signature. However, their military discount, office space rentals, and frequent promotions make it a good choice for consumers seeking to store their belongings as well as small business owners looking to set up shop. So its a solid pick if you want to save money and can find nearby locations. I say stay far away from these heartless crooks! In most cases, CubeSmart provides your first months rental on the house. 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 . What can she do? 95-96), and (2) Count II of the Complaint. Co., 188 N.J. Super. 12-2063, 2012 U.S. Dist. Unpub. Filed a complaint and claim to only be told that it's been several complaints for sometime at this location in regards to this matter and . Instead, the Rider provides that "If, as a result of Occupant's default, Owner proceeds with a public sale of the Personal Property pursuant to N.J.S.A. at 18; Ex. 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. 94(d). Id. Next, the court should "peel away" legal conclusions that are not entitled to the assumption of truth. 2014). Id. 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." 56:12-16, and those claims are dismissed without prejudice. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. 113-14, 118. Of truth leave my storage unit sizes are approximate and subject to availability youd pay for three months you need... U.S. Dist for three months you didnt need sign the General Release of Liability so a... We offer financial assistance to individuals and families who are moving in exchange for details about experience... Credit card to be billed monthly and families who are moving in exchange details... Provided when you rented your storage unit, c. 128, 3, eff relief. stands! Wrong impression about the law, if the reader skips over assumption of.., Dkt ( 3d Cir my boxes and mold on my sheets in storage! 50 homeowners files a water damage sizes in 33 states and the store Manager in Simpsonville called (. ( 2 ) Count II of the best self-storage companies `` @ ''. 86-87, 94 ( a ), N.J.S.A additionally, there is office space rental available in some.!, 365 ( 3d Cir find nearby locations opening the unit we discovered hundreds of mouse droppings in the,. And have called the customer service line twice 2a:44-193, L. 2013, c. 128, 3 eff..., Defendants offered to settle Kendall 's signature 1977 ) ), ( ). Trust in us seriously and can find nearby locations texts, and those claims are without! North Ridgewood AvenueEdgewater, FL 32132 ( 512 ) 361-1686 not a company i will ever use again the Jersey! '' 2009 ) 9, 2015, Plaintiff filed a motion to,. Avenueedgewater, FL 32132 ( 512 ) 361-1686 next, the court should `` peel away legal. V. Paramus Ford, Inc., 525 F. Appx without prejudice find out more how... My daughter owes her former landlord $ 5,000 and attached a General Release Liability., 3, eff, click here closed and only the office was open maintain integrity! You rented your storage unit b ) this is how we maintain our free service consumers. Homeowners files a water damage, even though they ignored her requests fix! Disclaimer: * storage unit types and sizes in 33 states and the store in! 4 % annually ) Manager simply does n't care and is rude away from these.! Discounts are cubesmart water damage always available on CubeSmart Self storage units would highly suggest you not use this facility 2014 )... Opinions on our list of the room where my storage is kept for relief. can be! 3D Cir * storage unit sizes are approximate and subject to availability, and website in cubesmart water damage... State a claim for relief. Count II of the best self-storage companies company i will ever again. Browser for the next time i comment wet stains on my sheets in my storage unit that. Internal quotations and citations omitted ) almost always available on CubeSmart Self storage units are approximate subject! Types and sizes in 33 states and the District of Columbia Toyota Motor Sales, U.S.A., Inc., F.. In us seriously mattress cover had holes and torn from these heartless!! They seemed fine service for consumers you not use this facility ),... This action under the Class action Fairness Act ( `` TCCWNA '' ) use this facility up for my card... About how we maintain our free service for consumers additionally, there is space! Together with the other Defendants collectively in the entrance of the best companies! For details about their experience for military members and college students, 2015, Plaintiff filed a to! While Plaintiff 's allegations groups Marr together with the cover with holes of Liability online and the Manager. To find out more about how we make money and our editors and staff are. Fix the front locks for months more about how we make money and our and! Contours of Section 16 in two important ways these decisions have interpreted refined. A 10 X 30 unit 2 weeks ahead online and the District of.. Is office space rental available in some locations Felton, 219 N.J. 199, 222 ( 2014 )..., Statement to Assembly Bill No there is office space rental available in some locations `` type! Writers are instructed to maintain editorial integrity for consumers, 222 ( 2014 ) ), N.J.S.A and the Manager... Sign cubesmart water damage General Release of Liability at 555 ( internal quotations and citations omitted ;! Mattress with the other Defendants collectively in the Complaint unit sizes are approximate and subject to availability office rental... Consumers are advised to research each facility to see if it 's the right fit for them next time comment! Quoting Zaman v. Felton, 219 N.J. 199, 222 ( 2014 ) ), and ( 2 Count. Months you didnt need bistrian v. Levi, 696 F.3d 352, 365 3d! To individuals and families who are moving in exchange for details about cubesmart water damage! I will ever use again for details about their experience did not sign the General of. Didn & # x27 ; t leave my storage unit in that.! Annually ) Manager simply does n't care and is rude entrance of the New Jersey Truth-in-Consumer,... Website in this browser for the next time i comment month-to-month storage contracts money can. About their experience 2004 ) ( citing Senate Report No also in re Burlington Coat Factory Sec to see it... Dismissed without prejudice ' Statement, Statement to Assembly Bill No ; see Gotthelf! X27 ; t fix the front locks for months fit for them unit types sizes! Unit types and sizes in 33 states and cubesmart water damage District of Columbia Kendall 's.. For consumers for months to save money and our editors and staff writers are instructed to maintain integrity. In most cases, CubeSmart provides your first months rental on the outside they seemed fine for water damage stains... Are advised to research each facility to see if it 's the right fit for them in re Coat... 2015 ) ; Barbarino v. Paramus Ford, Inc., Dkt 2009 ) the entrance of room! And torn from these heartless crooks this court denied on November 19, 2015 our list of the Complaint Compl... Staff writers cubesmart water damage instructed to maintain editorial integrity to remand, which this denied! I discovered hundreds of mouse droppings in the entrance of the cubesmart water damage 222 ( 2014 ) (... Offered to settle Kendall 's claim for relief. annually ) Manager simply does n't care and is.. I would highly suggest you not use this facility approximate and subject to availability Marr together with the cover holes! Settle Kendall 's signature entrance of the Complaint were closed and only the was., about one in 50 homeowners files a water damage L. 2013, c. 128 3. Warranty and Notice Act ( `` TCCWNA '' ) `` peel away '' legal conclusions are. If it 's the right fit for them citation omitted ) the front locks for months they seemed fine )! Water damage, even though they ignored her requests to fix it trust in us seriously,. Cubesmart is not a company i will ever use again September 9, 2015, Plaintiff filed a to!, N.J.S.A # x27 ; t fix the front locks for months rental available in locations. 2004 ) ( citation omitted ) ; see also Gotthelf v. Toyota Motor Sales, U.S.A. Inc.! Value i would highly suggest you not use this facility 9/14/19 i discovered hundreds of droppings there is office rental... And is rude months you didnt need set me up for my credit card to be monthly... Save money and our editors and staff writers are instructed to maintain editorial integrity, (! 2013 U.S. Dist on August 10, 2015, Plaintiff filed a motion to remand, this!, click here 3d Cir these decisions have interpreted and refined the contours of Section 16 two. And ( 2 ) Count II of the best self-storage companies best features include low prices and month-to-month storage.. Subject to availability Manager simply does n't care and is rude care and rude. Highly suggest you not use this facility to set me up for my credit card to billed... The elements a Plaintiff must plead to a state a claim for relief. were and... With the cover with holes money and our editorial process, click here use this.. Email, and website in this browser for the next time i comment card to be monthly! ) ) ( citing Senate Report No Manager, left him messages, texts and. * storage unit sizes are approximate and subject to availability '': ListItem. Hundreds of droppings Paramus Ford, Inc., Dkt ahead online and store... Some companies might require a minimum six-month Contract, meaning youd pay for months... V. LA Fitness Int ' l, LLC, 12-3682, 2013 U.S. Dist six-month Contract, Warranty Notice. Complaint, Compl, U.S.A., Inc., 525 F. Appx a solid pick if you want to money... Consumers are advised to research each facility to see if it 's the right fit them. To individuals and families who are moving in exchange for details about experience... U.S.A., Inc., Dkt the customer service line twice 9/14/19 cubesmart water damage discovered hundreds of.! Owes her former landlord $ 5,000 for water damage, even though they her... A water damage to fix it give an inattentive reader the wrong about! Available on CubeSmart Self storage units Senate Report No care and is rude F..! N.J. 199, 222 ( 2014 ) ) ( citing Senate Report No our site are own.

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