Our unit was on the 6th floor and when we moved out last week we were horrified that the unit had sustained water leaks and some of our items were mildewed. The lids on my bins had brown water stains and stuck mouse droppings. Save my name, email, and website in this browser for the next time I comment. I would like for them to at least compensate me for all my losses. Nowhere in the statutory text or the legislative history is the requirement of the seller to explain every nuance of New Jersey law."). My daughter owes her former landlord $5,000 for water damage, even though they ignored her requests to fix it. Id. I didn't leave my storage unit in that way. A major issue, the mayor and airport officials said, is standing water of up to 5 feet on the north runway that has nowhere to go. } Thats a $30 savings for your first month. . (Industry average is 4% annually) Manager simply doesn't care and is rude. 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. While this provision states that any notice Defendants send will be presumed received when mailed, it contains no requirement that a notice actually be mailed prior to a sale and, therefore, does not unequivocally modify the Lease's provision that sales of personal property may be made without notice to the occupant. 2016) case opinion from the District of New Jersey US Federal District Court CubeSmart is more than a storage space with four walls and a door. We scheduled to come move into the 10 X 30 Unit on July 27. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. 3d at 213. Applying this test to the matter at hand, this Court holds that Plaintiff has failed to allege a violation of N.J.S.A. Apr. See Barbarino, No. 56:12-17. Unpub. Never before have we been treated so rudely as we have by the current staff there. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Required fields are marked *. 132, 135 (3d Cir. at 97, 102. However, it is unclear how Defendants reasonably can interpret that the listing of external and third-party causes limits the scope of the exculpatory clause; indeed, the list of these occurrences is immediately preceded by the phrase "including, but not limited to," which plainly indicates that the list of external and third-party causes is not intended to limit the exculpatory clause, but rather to set forth examples. III.A.i. I have escalated it to see if his supervisor returns a call. The exculpatory provision in Paragraph 14 provides, in relevant part: Defendants argue that the "primary focus" of Paragraph 14 is to make clear that Defendants will not insure the property Plaintiff stored in the rental unit, and that "[w]hile Paragraph 14 also contains a brief reference to 'personal injury,' it does not purport to exculpate CubeSmart from personal injuries due to its own 'intentional or negligent' acts or omissions." CubeSmart also offers parking lots for motorcycles, cars and RVs. I couldnt tell they were damaged because on the outside they seemed fine. They did not. 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. LEXIS 491, *11 (App. Click here for offer details. (quoting Sauro, 2013 U.S. Dist. "), with Martinez-Santiago, 38 F. Supp. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . You could likely point out, though, that rats and vermin are commonly excluded from such insurance coverage. And we work together, as a team, to make fellow teammates' lives easier, too. Prices range from about $60 per month for a small standard unit to around $280 for a large climate-controlled storage space. My wedding dress box had water damage and chew marks all over the box. Moreover, as with Paragraph 15's savings clause, this TCCWNA violation cannot be cured by the inclusion of the savings language that Defendants may only seek to terminate the Lease "in a manner provided by law," leaving it to consumers to discover that the ipso facto clause of the Lease is prohibited by the Bankruptcy Code. Submit a complaint and get your issue resolved. CubeSmart pricing has always been affordable. CubeSmart routinely offers promotions in some facilities; consumers should check with the specific location to see if any other discounts apply. 775, 790 (S.D. 365, in violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. Account Number. First, Section 16's specification requirement is only implicated when a consumer contract, notice, or sign is or may be used in multiple jurisdictions. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Iqbal, 556 U.S. at 678. See Kendall v. CubeSmart L.P., et al., No. There are three critical elements in any insurance-claim process. 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." 56:12-16 (Compl. I recently just took out my two televisions to check if they have been damaged and they did. Any reference in this website to third party trademarks is to identify the corresponding third party goods and/or services. "@context": "http://schema.org", at 19. View your billing statement. Section 16 of the TCCWNA provides, in relevant part, that: Following Shelton, a number of federal and state courts have grappled with Section 16 to determine when the inclusion of so-called "savings" language, such as "where permitted by law," "maximum amount allowed by law," or "unless prohibited by law," trigger Section 16's specification requirement by "stat[ing] that any of [a consumer contract, notice, or sign's] provisions is or may be void, unenforceable or inapplicable in some jurisdictions." Compl. 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." 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." For the following reasons, Defendants' motion to dismiss is denied in part and granted in part. I left the table and the four chairs that belong to my brother in law. Prices range broadly between urban and suburban or rural areas, as can be seen in the example prices we've pulled. Its best features include low prices and month-to-month storage contracts. Bistrian, 696 F.3d at 365 (quoting Iqbal, 556 U.S. at 679). Div.) Disclaimer: *Storage unit sizes are approximate and subject to availability. 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. 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. Please enter the same email address you provided when you rented your storage unit. However, the Complaint does not allege that Paragraph 9 is a violation of TCCWNA. 15-6098, 2015 U.S. Dist. N.J.S.A. Current customers are able to pay online. 2009). We know we can only be successful if we take your trust in us seriously! B 4 (emphasis added). 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. Unpub. I have wet stains on my boxes and mold on my sheets in my storage unit. Every year, about one in 50 homeowners files a water damage. They don't care to take any action. 2014). 91, the Complaint is clear that Plaintiff leased the rental unit from U-Store-It, "an associated name of Defendant CubeSmart Asset Management, LLC." A warning to avoid this place if at all possible. 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. See supra Sec. [ Def. 3d at 511. No. See Skypala v. Mortgage Electronic Reg. 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[.]" Instead, the Complaint alleges that Paragraph 9 constitutes a violation of the Consumer Fraud Act. CubeSmart Water damage BadBizReport November 17, 2021 Leave a Comment on CubeSmart Water damage. See where CubeSmart ranks on our list of the best self-storage companies. . Ultimately, any decent business would offer to evaluate any damage to your belongings. Provide them with your customer details. That comes in handy if all you want is short-term storage. For coverage over $5,000, you need to talk with a CubeSmart employee. Mar. Id. A 23 ("This Lease shall be governed by and construed and enforced in accordance with the laws of the state where the Property is located. On August 10, 2015, Defendants removed this action under the Class Action Fairness Act ("CAFA"). For $449, you get access to two movers and a truck for three hours. Watkins v. DineEquity, Inc., 591 F. Appx. Defendants' motion to dismiss Count III is granted, and Plaintiff's claim under the CFA is dismissed without prejudice. CubeSmart offers a variety of customized services for an additional fee. at 19. CubeSmart has some of the lowest prices in the storage unit industry. A-2767-12T4, 2014 N.J. Super. Castro v. Sovran Self Storage, Inc., 114 F. Supp. If there is actual physical damage . 7, 2016). B. CubeSmart is hard to beat in terms of extra perks and amenities. 17-18. Id. CubeSmart owns or manages 1,251 self-storage properties across the United States. Co., 440 N.J. Super. ("The phrase 'unless prohibited by law' does not offend TCCWNA because it does not state that the provision's enforceability varies by state. and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. 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." USE ANY OTHER STORAGE FACILITY!! With CubeSmart's new mobile app, self-storage is finally as easy as it should be. With CubeSmart, you pay for only as long as you need a storage unit. LEXIS 498 at *19 (citing Sauro v. L.A. 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. Your email address will not be published. due to water damage and mold and will now have to start again from scratch. The CubeSmart Mobile App. The elevators are often broken. MID-L-3867-15. See In re Ins. I recently just . . It's what elevates a career at CubeSmart above other jobs-storage, retail, customer service, corporate you name it. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. At Move.org, we offer financial assistance to individuals and families who are moving in exchange for details about their experience. Jan 17, 2010 Going through an event that leads to an insurance claim can be a traumatic experience. I was in a storage bldg late at night, my unit on the 2nd floor. C. Individual Liability of Defendant Marr. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. Storage West is now CubeSmart. CubeSmart teammates strive to make our customers' lives easier with innovative self-storage solutions, award-winning customer service, and genuine care. Id. 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. N.J.S.A. Smells like something died and is rotting on the floor I was assigned. 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." With storage locations nationwide, youre sure to find a CubeSmart location in your area. 15-16, 18-19. 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. 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 . 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. See Sponsors' Statement, Statement to Assembly Bill No. And the Lease fails to specify anywhere which terms are or are not void, unenforceable, or inapplicable in New Jersey. 2d 451, 459 (D.N.J. CubeSmart has vehicle storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs. 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. Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. No votes so far! Make your practice more effective and efficient with Casetexts legal research suite. Id. Or, the facility might indicate that you could or should have bought storage insurance to cover your possessions. Mar. 2A:44-193, Plaintiff has failed to allege a causal connection between Defendants' allegedly unlawful conduct and his ascertainable loss. at 30; Ex. The following companies are our partners in Storage Units:SpareFoot, andMakeSpace. As of December 31, 2019, it owned 523 self-storage properties in 40 states and the District of . It is sad to see another company not caring about its clients and taking advantage of them in order to maximize profits. My daughters keep sake items were stained with droppings stuck on them. 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. -------- Plaintiffs counter by arguing the TCCWNA applies to omissions made in an affirmatively provided, Courts have allowed TCCWNA claims to proceed when those claims were based on exculpatory clauses that, Full title:STEVEN KENDALL, on behalf of himself and others similarly situated, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. 59 (1978)) (emphasis added); see also In re Tobago Bay Trading Co., 112 B.R. at 38. Once your rent is a month late, the self-storage company will lock your unit and conduct a storage auction. 541, and, therefore, any "right" implicated by this provision of the Lease would belong to the bankruptcy estate and not Plaintiff as the debtor. Litig., 114 F.3d 1410, 1426 (3d Cir. Accordingly, the Court will analyze the claims under each section separately. Although the airport is surrounded by retention ponds designed to . Though the specific safety and accessibility features will depend on the facility, most appear to have 24/7 video recording, while many have controlled access and on-site managers. D.N.J. at 103-19; see infra Sec. 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. The following facts are drawn from the Complaint and attached exhibits, and are assumed to be true. Ask to speak with a representative. (citing Cooper Distrib. 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." Original review: March 25, 2023. 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. N.D. Ga. 1990) ("Ipso facto clauses automatically terminate the lease or permit the lessor to terminate, at his option, in the event of bankruptcy or some other insolvency event."). "); Barbarino v. Paramus Ford, Inc., Dkt. I. 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. See Martina v. LA Fitness Int'l, LLC, No. Im confused about how this happened. Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. Compl. 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." Moreover, Paragraph 14 goes on to make clear that, even though Defendants shall not be liable "for personal injury or loss or damage to any Personal Property arising from any cause whatsoever" - including the external and third-party causes - Defendants will also not be held liable "regardless of whether such loss or damage is caused by the intentional or negligent acts or omissions of Owner, Agent, Owner's or Agent's agents, Occupant or any other party." Visit ourMoving Grant hubto find out which companies weve worked with and to apply for funding for your next move! CubeSmart - shady business practices. 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. Water damage restoration is the professional process of removing unwanted water, drying and cleaning the structure and/or contents, and returning the property to its pre-loss condition. CubeSmart doesnt lock you into long-term contracts. Ex A 15, violates a clearly established right under the SSFA. Business. I want to know what I can do as I lost 5 years of accumulated possession s (ie: beds, tv, toys, furniture, pictures, etc.) 21, 2016). Therefore, this language does not implicate Section 16's specification requirement. ComplaintsBoard.com is a leading complaint resolution website on the Internet. I recently just took out my two televisions to check if . 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. CubeSmart's self-storage offerings are similar to those offered by other companies in the industry. at 31-32. 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. Its average cost of $160 per month is about 15% below average. { },{ For example, when company ranking is subjective (meaning two companies are very close) our advertising partners may be ranked higher. Pricing and approximate square footage as of August 2022. Email Address. For one year of storage, CubeSmart self-storage can save you nearly $400 compared to other companies. I say stay far away from these heartless crooks! Cf. 100% in two years? Insurance policies are available in some states. Data as of 10/04/2022. Id. Rent is paid month-by-month, and there are discounts available for active military service members. 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 LEXIS 125209, at *10-11 (D.N.J. Id. The second is documentation, followed by cooperation. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. Co. v. Amana Refrigeration, Inc., 63 F.3d 262, 280 (3d Cir. I have yet to receive a call from Ravinder Setti. } ." . Id. CubeSmart is not a company I will ever use again. 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. Defendants argue that Plaintiff has failed to sufficiently plead a violation of the CFA by failing to allege unlawful conduct by Defendants and a causal connection between any unlawful conduct and his ascertainable loss. Id. 2d 256, 268 (D.N.J. N.J.S.A. Similarly, with respect to Defendants' argument that the Rider cures the Lease's provision which allows a sale to occur without notice, Defendants cannot point to any such provision in the Rider. CubeSmart offers a variety of storage unit types and sizes in 33 states and the District of Columbia. 541(c), 363(l) and 365(e).") One of CubeSmarts perks is its shipping supplies. Defendants operate a storage facility located in New Brunswick, New Jersey. Not looking forward to having to endure the smell as we move our belongings next week. Plaintiff's claims alleging violations of N.J.S.A. Div. Footnote: Promotions available on select units and cannot be combined with other offers except for our military discounts. Id. 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. 2012). Vehicle storage. The maximum upload file size: 100 MB. Ins. at 94(a)-(d); Ex. CubeSmart Water damage. 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. at 46-48. 31, 2015); Martinez-Santiago, 38 F. Supp. 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. 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. Owns or manages 1,251 self-storage properties across the United States ( l ) 365. 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Goods and/or cubesmart water damage attached exhibits, and many others have drive-up access ground-level... Need to talk with a cubesmart employee 3d Cir and his ascertainable.. Not caring about its clients and taking advantage of them in order to profits! Watkins v. DineEquity, Inc., 63 F.3d 262, 280 ( 3d.... 30 unit on July 27 our military discounts Warranty and Notice Act ( `` TCCWNA '' ). ). Amana Refrigeration, Inc., 63 F.3d 262, 280 ( 3d Cir 550 U.S. 544, 570 ( ). Quotes and averaged more than 135,000 reviews to list cubesmart as one of best... In handy if all you want is short-term storage Defendants removed this action the! 3D Cir 2a:44-193, Plaintiff has failed to allege a violation of TCCWNA bldg at... ; ex have to cubesmart water damage again from scratch active military service members the New Jersey Truth-in-Consumer Contract Warranty... 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