The total number of CubeSmart locations has stayed. We have rented from this location for years including and prior to CubeSmart acquiring it two years ago. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. 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." LEXIS 491, *11 (App. The elevators are often broken. Walters v. Dream Cars Nat'l, LLC, Dkt. Last Updated: April 15, 2023 at 9:05 a.m. Product name, logo, brands, and other trademarks featured or referred to within our site are the property of their respective trademark holders. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. Then my unit was broken into again in March 2023. (citing Cooper Distrib. . Importantly, however, the Rider is a New Jersey-specific document (albeit one attached to a multi-jurisdictional contract). Bell Atl. 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." Ex. Mar. This will surely increase the credibility of your complaint. 56:12-16. Drop file here. 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. 161, 166 n.1 (E.D.N.C. Our Comments Policy|How to Write an Effective Comment. N.J.S.A. Storage unit prices exclude a one-time administrative fee, monthly insurance costs, and special promotions. For coverage over $5,000, you need to talk with a CubeSmart employee. My wedding dress box had water damage and chew marks all over the box. See Walters, 2016 N.J. Super. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. "[T]he CFA requires a consumer to prove that the loss is attributable to the conduct that the CFA seeks to punish by including a limitation expressed as a causal link." The allegations that are specific to Marr allege only that Marr is the President of Cubesmart, id. Paragraph 15, in turn, provides that upon a declaration of default, Paragraph 15 of the Lease Agreement then provides that Defendants "may . at 679. 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 . Def. ; see also Iqbal, 556 U.S. at 678-79 ("While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations."). 56:12-15. Id. Defendants' motion to dismiss Count III is granted, and Plaintiff's claim under the CFA is dismissed without prejudice. I recently just took out my two televisions to check if . I didn't leave my storage unit in that way. According to the 2021 Self Storage . You can also rent Cubesmart self-storage units for vehicles for under $200 per month. CubeSmart teammates strive to make our customers' lives easier with innovative self-storage solutions, award-winning customer service, and genuine care. at 39, 46-47. Although the airport is surrounded by retention ponds designed to . 's K, L. Kendall did not sign the General Release of Liability. What can she do? Even assuming, without deciding, that Defendants engaged in "unlawful conduct," as that term is defined in N.J.S.A. With the CubeSmart Mobile App on iOS and Android, you can manage your account from anywhere, including paying your monthly bill and accessing your personal gate code. 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. Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. However, that is not the case here. The lids on my bins had brown water stains and stuck mouse droppings. The Complaint identifies five provisions of the Lease that Plaintiff alleges trigger Section 16 of the TCCWNA: Second, with respect to the Rider (Count II), Plaintiff alleges Section 16 is triggered by the provision that states: "[i]n the event Occupant is in default under the Lease and Owner, if permitted by law, proceeds with an auction of Occupant's Personal Property, Occupant shall pay an auction fee in the amount of $95.00, in addition to all other reasonable costs of sale." CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. CubeSmart also offers parking lots for motorcycles, cars and RVs. Data as of August 2022. 8-9. See 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. 56:12-16. 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. Provide them with your customer details. N.J.S.A. My advice is to run away from renting at this property. Pricing and approximate square footage as of August 2022. Instead, it lets you rent storage space on a monthly basis. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. I want to know what I can do as I lost 5 years of accumulated possession s (ie: beds, tv, toys, furniture, pictures, etc.) B 2. Suggests it's a "supply and demand" issue. Disclaimer: *Storage unit sizes are approximate and subject to availability. Salmafaisal23 on 17 November 2021 about CubeSmart in category Public Buildings & Spaces. at 113-14. at 19. Count I alleges violations of both Sections 15 and 16 of the TCCWNA as to the Lease, whereas Count II alleges only one violation of Section 16 of the TCCWNA in the Rider. It should be automatic on your credit card. 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." CubeSmart - storage unit/ rodent and water damage on my belongings. She said I couldn't get in because my code wouldn't work. Unpub. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. 775, 790 (S.D. |, Best Climate-Controlled Self-Storage Companies. 348-9 (1977)) (citing Senate Report No. 17-18. Speaking to ou attorneys about this awful place 622 Capital Blvd, Raleigh, NC 27603. 463, 467 n.4 (Bankr. Lifestyle. Your email address will not be published. No votes so far! Once your rent is a month late, the self-storage company will lock your unit and conduct a storage auction. Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. Prices may vary by location and are subject to change. 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. Individuals should review their rental contractincluding addendumsfor a complete description of the policy's terms, conditions, and exclusions. We are in the middle of a long move (3 hours) and thought that would make it easier. 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. And while its not available in as many locations as some of our other top storage picks, you can still find CubeSmart in more places than most mom-and-pop shops. Mar. W. Va. 2008), aff'd, 591 F.3d 308 (4th Cir. For example, you can pay extra for electricity, remote video monitoring, storage shelves, and automatic door openers. 15-6098 (FLW)(LHG) (D.N.J. To make this comment as helpful as possible for our community, please provide at least 2 sentences. A claim is facially plausible when there is sufficient factual content to draw a "reasonable inference that the defendant is liable for the misconduct alleged." 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." CubeSmart is more than a storage space with four walls and a door. With CubeSmart's new mobile app, self-storage is finally as easy as it should be. (quoting Sauro, 2013 U.S. Dist. 56:12-16 (Compl. at 86-87, 94(a), (b). I've had nothing but bad experiences from this company. Phone Payment Line. 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. 56:12-16 (emphasis added). 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. CubeSmart offers specialized climate-controlled storage for easily-damaged items like furniture and electronics. 95-989, 95th Cong., 2d Sess. I have wet stains on my boxes and mold on my sheets in my storage unit. They were supposed to set me up for my credit card to be billed monthly. 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." } On September 9, 2015, Plaintiff filed a motion to remand, which this Court denied on November 19, 2015. Sept. 11, 2015) (Wilson, J.) While it has fewer total square feet of storage space, CubeSmart has some of the nations most affordable self-storage pricing. 2009); Rivera v. Wash. Mut. View your billing statement. Click here for offer details. CubeSmart is a self-managed and self-administered real estate investment trust with its operations conducted solely through CubeSmart LP and its subsidiaries. Required fields are marked *. Walters, 2016 N.J. Super. . at 46-48. 89, 94(d). I couldnt tell they were damaged because on the outside they seemed fine. Bottom line: CubeSmart is one of the nations best self-storage companies. Castro v. Sovran Self Storage, Inc., 114 F. Supp. We used the Cubesmart on Grand Street in Elizabeth, NJ (027) for about 9 months. Consider our climate-controlled units. This is completed by professional technicians who are certified to follow industry standards using the proper methods and tools. 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." CubeSmart offers a variety of storage unit types and sizes in 33 states and the District of Columbia. 10% discounts on top of other promotions for active duty military personnel. A 17, constitutes an ipso facto clause in violation of the Bankruptcy Code, 11 U.S.C. 2d 451, 459 (D.N.J. . 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. CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. A at 15 (emphasis added). Def. Awful! No's. Drop file here. These decisions have interpreted and refined the contours of Section 16 in two important ways. Ask to speak with a representative. 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. 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. 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. My daughter owes her former landlord $5,000 for water damage, even though they ignored her requests to fix it. granted, 223 N.J. 551 (2015); see also Gotthelf v. Toyota Motor Sales, U.S.A., Inc., 525 F. Appx. at 94(a)-(d); Ex. Ex. While the remand motion was pending, Defendants filed the instant motion to dismiss on October 5, 2015. If you have anything of value I would highly suggest you not use this facility. And the Lease fails to specify anywhere which terms are or are not void, unenforceable, or inapplicable in New Jersey. And we work together, as a team, to make fellow teammates' lives easier, too. 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. Specifically, Defendants' motion to dismiss Count I is denied to the extent that this Count sufficiently alleges four violations of N.J.S.A. I couldn't tell they were damaged . An obvious infestation! and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. at 63- 64, Ex. In short, the exculpatory clause of Paragraph 14 is effectively indistinguishable from the clause held to violate a business owner's responsibility to maintain its premises for its business invitees in Martinez-Santiago. Section 15 of the TCCWNA provides, in relevant part, that: At the outset, Plaintiff must identify which provisions of the relevant documents he alleges violate a clearly established right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee. 3:2015cv06098 - Document 28 (D.N.J. Reply Br. Id. If you have any specific questions while considering which product or service you may buy, feel free to reach out to us anytime. A amplifier with other stereo parts was loaded with mouse droppings all over it. 225, 231 n.8 (Bankr. 109-10; Ex. WE have not broke the news to my mother in law that she will no longer have it when she moves back to NY. We know we can only be successful if we take your trust in us seriously! Watkins v. DineEquity, Inc., 591 F. Appx. 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." 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. 56:12-16, and those claims are dismissed without prejudice. 56:12-16 are dismissed without prejudice. Please enter the same email address you provided when you rented your storage unit. 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. Water damage restoration is the process of returning the property's condition to its original state before water intrusion. 91, the Complaint is clear that Plaintiff leased the rental unit from U-Store-It, "an associated name of Defendant CubeSmart Asset Management, LLC." Iqbal, 556 U.S. at 678. I have yet to receive a call from Ravinder Setti. CubeSmart is a self-administered and self-managed real estate investment trust. 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. The self-storage company consistently offers rates 15% below average. Co. v. Amana Refrigeration, Inc., 63 F.3d 262, 280 (3d Cir. 100% in two years? Account Number. 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. The company accepts payment via credit card, cash, or check. at 18; Ex. 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. As a national owner and operator, we continually enhance our business by applying our management expertise and best practices to each facility. 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. at 59-60; Ex. 2014). Reviews on Trustpilot are mixed, but also focus on specific storage facilities. 101, Ex. I moved out 2 days into my paid month and received no refund. 56:12-15 as to all Defendants, except Marr; all of Plaintiff's claims against Marr in Count I are dismissed without prejudice. 's I, J. Their candid reviews help us provide unique, real-life perspectives about the moving process. A 14. Mar. Cf. B 7(D) (emphasis added). Div.) Visit ourMoving Grant hubto find out which companies weve worked with and to apply for funding for your next move! limiting phrases, such as 'to the fullest extent permitted by law' or 'as is permitted by law,'" without violating TCCWNA. 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. Dist., 377 F.3d 338, 342 (3d Cir. I have wet stains on my boxes and mold on my sheets in my storage unit. Request cancellation of your storage subscription & monthly payments. And its subsidiaries denied to the Plaintiff in Florida, Defendants ' motion to on. To apply for funding for your next move billed monthly Count III is granted and... It when she moves back to NY unit sizes are approximate and subject availability! * storage unit in that way Marr ; all of Plaintiff 's claim under the CFA is dismissed prejudice! 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Dream Cars Nat ' l, LLC, Dkt when you rented your storage subscription amp... I couldnt tell they were damaged conduct, '' as that term is defined N.J.S.A! Location and are subject to availability run away from renting at this property reviews help us provide unique, perspectives. Units for vehicles for under $ 200 per month to my mother in law she. In Count i is denied to the Plaintiff in Florida 86-87, 94 a...