This is how we maintain our free service for consumers. 31, 2015); Martinez-Santiago, 38 F. Supp. 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 . Now that's smart. And we work together, as a team, to make fellow teammates' lives easier, too. 541(c), 363(l) and 365(e).") CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. Kendall alleges that he "intended to store these goods in his rented storage unit until he and his wife purchased a new home at which time [Kendall] would move his personal property from the storage unit into the new home." N.J.S.A. CubeSmart is hard to beat in terms of extra perks and amenities. Excellent service from our local CubeSmart team both in terms of their attention to our needs and in terms of communicating, use of the space and costs involved. We may earn money when you click on our links. storage unit/ rodent and water damage on my belongings, 16 years' experience in successful complaint resolution, Each complaint is handled individually by highly qualified experts, Last but not least, all our services are absolutely free. 56:12-16 (Compl. 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. "@type": "ListItem", Original review: March 25, 2023. 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. For example, lets say you need extra storage space for a three-month home renovation. 95-989, 95th Cong., 2d Sess. Even assuming, without deciding, that Defendants engaged in "unlawful conduct," as that term is defined in N.J.S.A. limiting phrases, such as 'to the fullest extent permitted by law' or 'as is permitted by law,'" without violating TCCWNA. I also have two televisions in there and so I don't know where the water came from. At least 3 times, within a months time, were the elevators down. 2009). On August 10, 2015, Defendants removed this action under the Class Action Fairness Act ("CAFA"). Prices may vary by location and are subject to change. I couldnt tell they were damaged because on the outside they seemed fine. Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. at public or private sale," and that "the Owner may sell Personal Property, or any thereof, without notice to Occupant," Compl. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. I was in a storage bldg late at night, my unit on the 2nd floor. In re Rose, 21 B.R. In addition to its wide variety of storage options, CubeSmart can hook you up with professional movers and a moving truck. at 14-15. Finally, the court should assume the veracity of all well-pled factual allegations, and then "determine whether they plausibly give rise to an entitlement to relief." Unpub. ("The phrase 'unless prohibited by law' does not offend TCCWNA because it does not state that the provision's enforceability varies by state. N.J.S.A. The allegations that are specific to Marr allege only that Marr is the President of Cubesmart, id. It owns, operates, develops, manages . See Martina v. LA Fitness Int'l, LLC, No. 's A-795-15; A-796-15. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. I have escalated it to see if his supervisor returns a call. First, with respect to the Lease (Count I), Plaintiff has sufficiently alleged the first and third elements of his Section 16 claim. Id. Kurt Manwaring brings nearly a decades worth of research experience as a business consultant to the Move.org team. 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. This is outrageous. 2010). CubeSmart pricing has always been affordable. To that end, you should know that many advertisers pay us a fee if you purchase products after clicking links or calling phone numbers on our website. 3d at 213. (Industry average is 4% annually) Manager simply doesn't care and is rude. terminate this Lease in the manner provided by law. . Id. 2009). 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. Finally, Defendants move to dismiss all of the Counts of the Complaint insofar as they are asserted against Defendant Marr individually, arguing that Marr is not subject to the TCCWNA because Plaintiff's contract was executed with CubeSmart and Marr is not a party to that contract. Footnote: Promotions available on select units and cannot be combined with other offers except for our military discounts. 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. "@id": "https://www.cubesmart.com/about-us/", Credit Union v. Hardiman, 398 B.R. If you choose to click on the links on our site, we may receive compensation. 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. Id. He would love to hear about your moving experiences and questions at kurt@move.org. The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. 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. But theyre too stupid to do it. 56:12-17. Id. It also provides similar deals if you need professional movers to handle the heavy lifting. Speaking to ou attorneys about this awful place 622 Capital Blvd, Raleigh, NC 27603. I recently just took out my two televisions to check if they have been damaged and they did. Compl. at 18; Ex. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. B. Id. 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. Water damage restoration is the process of returning the property's condition to its original state before water intrusion. Paragraph 3 on the Rider merely provides that: "Any notice, including, without limitation, the Denial Notice shall be presumed delivered when it is deposited with the United States Postal Service and properly addressed with postage prepaid." Ex. Since each facility is bound to perform differently than the others, it is unwise to make a sweeping generalization about the reputation of the company as a whole. Reply Br. Save my name, email, and website in this browser for the next time I comment. Consider our climate-controlled units. Plaintiff now brings suit alleging that (1) on a putative class-wide basis, the leasing documents for the rental unit included provisions which violate clearly established consumer rights under decisional law in New Jersey; the New Jersey Self Service Storage Facility Act ("SSFA"), N.J.S.A. Compl. Like the lease in Martinez-Santiago, the Lease in this matter is a consumer contract which contemplates use in multiple jurisdictions. No. D. Utah 2007) ("A contract provision which permits a creditor to declare a contract in default by virtue of the other party's insolvency or bankruptcy is generally referred to as an ipso facto clause. Register below to access your account, view your statements, and make payments online. 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. Indeed, when the contract, notice, or sign is a New Jersey-specific document, the savings language merely "operates as a severability clause, protecting the remainder of the contract should some portion of it be declared void or unenforceable." How Much Does It Cost to Rent Space in a Storage Facility? In most cases, CubeSmart provides your first months rental on the house. 94(d). Id. That aside, when our unit experienced some minor water damage, the staff quickly alerted us and CubeSmart was prepared to address any damages via the insurance policy they required us to purchase. 13-0929, 2015 U.S. Dist. Our Comments Policy|How to Write an Effective Comment. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. Accordingly, the Court will analyze the claims under each section separately. I . Nonetheless, Defendants argue that the Rider cures this violation in the Lease by including terms which require the sale of any property to be at a public sale, but the Rider contains no such term. I think theyre morons. Accordingly, Count III of the Complaint is dismissed without prejudice. All rights reserved. Search for storage below or, CubeSmart Privacy Policy, Terms and Trademark Usage. at 40-43; Ex. Moreover, with respect to the moving costs, Plaintiff alleges that he was already moving his personal property when he discovered the water damage; indeed, as Plaintiff alleges, he first "noticed" his personal property "was wet" "[a]fter [he] began to unload the rented storage unit" to "move their personal property out and have it shipped to a new home in Florida." Iqbal, 556 U.S. at 678. 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. With CubeSmart, you pay for only as long as you need a storage unit. Required fields are marked *. For example, you can pay extra for electricity, remote video monitoring, storage shelves, and automatic door openers. There are three critical elements in any insurance-claim process. "position": 2, 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 have wet stains on my boxes and mold on my sheets in my storage unit. Plaintiff does not allege that he would not have stored the property in the rental unit after August 2013 had the Lease been properly updated, or that he would have sought written consent from Defendants to store (or continue to store) personal property with a value in excess of $5,000, or even whether he would have opted to participate in the Cubesmart Property Guard Program. and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. 56:8-1, et seq. 3d at 511 ("Lease/Rental Agreements shall be governed and construed in accordance with the laws of the state in which the Premises are located."). Get emails with discounts, tips, and checklists to guide you through every step of your move. Plaintiff leased a storage space from Defendants in 2010 and subsequently discovered that his personal property had been damaged by a water leak in the rental unit. With respect to these counts, the Complaint seeks only the minimum civil penalty of $100 under TCCWNA for each Lease and Rider, for a total of $200 per class member, plus attorneys' fees, interest, and costs of suit. 200 North Ridgewood AvenueEdgewater, FL 32132 (512) 361-1686. They charge so much for storage and harass you when your late, immediately charge you a lien fee and threaten you constantly with emails of an auction. at 54, 57-58. CubeSmart Water damage BadBizReport November 17, 2021 Leave a Comment on CubeSmart Water damage. This is completed by professional technicians who are certified to follow industry standards using the proper methods and tools. My advice is to run away from renting at this property. They know most people don't want to have to move all their stuff out so they get away with it. "); Barbarino v. Paramus Ford, Inc., Dkt. Daniel and Nick were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since. 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." See Castro, 114 F. Supp. 95-96), and (2) Count II of the Complaint. 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. (quoting Sauro, 2013 U.S. Dist. CubeSmart has a variety of vehicle storage units that fit everything from small motorcycles to extra-large recreational vehicles. Mar. 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 CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. 119(a), (b). CubeSmart doesnt lock you into long-term contracts. Your email address will not be published. 56:12-16 (emphasis added). 's I, J. Data as of 10/04/2022. "@id": "https://www.cubesmart.com/", They are completely incompetent. 3d 204, 213 (D.N.J. 15 Hits. When reviewing a motion to dismiss, courts must first separate the factual and legal elements of the claims, and accept all of the well-pleaded facts as true. To only have recently stop by and see the damage from water. Ex. 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