Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. In addition brown bugs (not sure if they were roaches) were scurrying around. I've had nothing but bad experiences from this company. The workers, especially the manager Samila was extremely apologetic, we all took photos as we removed my items and me in tears. We know we can only be successful if we take your trust in us seriously! 2014). Therefore, Plaintiff alleges that Defendants engaged in "unlawful conduct" by renewing the terms of the Lease after August 2013 without updating the typeface of Paragraph 9 to comply with the bold/underlining requirement set forth in N.J.S.A. 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. LEXIS 498 at *13 ("[T]he Legislature intended to prevent and remediate the inclusion or omission of certain confusing or illegal provisions that deny a consumer of his or her rights or remedies, or that obscure those rights or remedies. I would like for them to at least compensate me for all my losses. 3:2015cv06098 - Document 28 (D.N.J. My daughter owes her former landlord $5,000 for water damage, even though they ignored her requests to fix it. I didnt leave my storage unit in that way. Sept. 4, 2012). 3d at 511. LEXIS 58144, *29-30 (D.N.J. And the Lease fails to specify anywhere which terms are or are not void, unenforceable, or inapplicable in New Jersey. B 4 (emphasis added). We offer storage, service, and solutions sure to exceed your expectations. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. Therefore, this language does not implicate Section 16's specification requirement. . CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. 161, 166 n.1 (E.D.N.C. CubeSmart offers specialized climate-controlled storage for easily-damaged items like furniture and electronics. Compensation, along with hours of in-depth editorial research, determines where & how companies appear below. Bottom line: CubeSmart is one of the nations best self-storage companies. Myska v. New Jersey Mfrs. 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." 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. CubeSmart - storage unit/ rodent and water damage on my belongings. 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. 1982) (quoting House Report 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. See Cablevision of Oakland, LLC v. CK Bergen Holdings, LLC, No. . 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. These decisions have interpreted and refined the contours of Section 16 in two important ways. at 94(a)-(d); Ex. Save my name, email, and website in this browser for the next time I comment. I think theyre morons. 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. It's what elevates a career at CubeSmart above other jobs-storage, retail, customer service, corporate you name it. 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. Drop file here. 463, 467 n.4 (Bankr. The average monthly cost of a CubeSmart self-storage unit is approximately $160. USE ANY OTHER STORAGE FACILITY!! CubeSmart's scheme can be summarized as follows: Case 1:16-cv-25009-JEM Document 1 Entered on FLSD Docket 12/01/2016 Page 1 of 18 {00111024. SATURDAY 9/14/19 I discovered hundreds of mouse droppings in the entrance of the room where my storage is kept. My Mattress cover had holes and torn from these rodents. at 18; Ex. I also have two televisions in there and so I dont know where the water came from. See Barbarino, No. LEXIS 41512, *19-20 (D.N.J. One of my daughters bikes had a hole on the chair to sit on. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Feb. 13, 2013)) (emphasis added). All rights reserved. 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. 15-6098 (FLW)(LHG) (D.N.J. CubeSmart contacts (added by reviewer) Phone number +1 877 279 7585 Website www.cubesmart.com Category Real Estate View all CubeSmart contacts Most discussed complaints keep raising rates 2 (opinions to this review) Storage unt 8x10 Fort Gratiot mi 1 (opinions to this review) CubeSmart alternatives Mynd Coldwell Banker Real Estate 59 (1978)) (emphasis added); see also In re Tobago Bay Trading Co., 112 B.R. KENDALL v. CUBESMART L.P. et al, No. . 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. Section 365 of the Bankruptcy Code recognizes no distinction between clauses which provide an "option" to hold a contract in default and ones which "automatically" work a default in the event of a bankruptcy filing, since the end result of either is effectively equivalent, that is, the contract would be modified by virtue of the bankruptcy filing, in violation of Section 365, even if Defendants take no action to exercise their purported option. The unit itself at 81 Cove Street in New Bedford MA is clean and provides carts for moving personal property. Id. Sept. 11, 2015) (Wilson, J.) Some companies might require a minimum six-month contract, meaning youd pay for three months you didnt need. . My wedding dress box had water damage and chew marks all over the box. Save my name, email, and website in this browser for the next time I comment. 30, 33 (App. 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. 's I, J. 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." 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." To only have recently stop by and see the damage from water. Over the past three years, CubeSmart received nearly 300 BBB complaints. The Court disagrees. Account Number. 365. Nevertheless, even if this were an element of Plaintiff's claim, he has clearly satisfied it by alleging that several provisions of the Lease are not enforceable under New Jersey law. The following companies are our partners in Storage Units:SpareFoot, andMakeSpace. Compl. Rent is paid month-by-month, and there are discounts available for active military service members. Required fields are marked *. See id. On Sunday 9/15/19 we found thousands of mice droppings, my bags torn and ransacked with rat droppings. 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. 10% discounts on top of other promotions for active duty military personnel. Compare 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. Click here for offer details. LEXIS 156447 (D.N.J. Vehicle storage. Other restrictions, taxes, fees, and insurance requirements may apply. Co. v. Amana Refrigeration, Inc., 63 F.3d 262, 280 (3d Cir. 56:12-18; Manahawkin Convalescent v. O'Neill, 217 N.J. 99, 125 (2014). 775, 790 (S.D. at 13-15. K. Nevertheless, Defendants offered to settle Kendall's claim for $5,000 and attached a General Release of Liability for Kendall's signature. For coverage over $5,000, you need to talk with a CubeSmart employee. Their candid reviews help us provide unique, real-life perspectives about the moving process. We offer storage, service, and solutions sure to exceed your expectations. 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. See In re Blakeley, 363 B.R. 3d at 213. Defendants also point out that the exculpatory clause must be read holistically, emphasizing that the provision includes a "lengthy list of external and third-party causes," which Defendants characterize as "clear limiting language." Id. 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. In most cases, CubeSmart provides your first months rental on the house. Unpub. N.J.S.A. 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." View Top 10 List How is CubeSmart rated? Co., 188 N.J. Super. Id. Dist., 377 F.3d 338, 342 (3d Cir. While the remand motion was pending, Defendants filed the instant motion to dismiss on October 5, 2015. For one year of storage, CubeSmart self-storage can save you nearly $400 compared to other companies. While water damage restoration usually does not require certification, it should ideally be performed by a . 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." She said I couldn't get in because my code wouldn't work. I have called to speak to the district Manager, left him messages, texts, and have called the customer service line twice. Now when they are at fault for your storing your items in filthy infested storage facility, that you wont get a phone call for. LEXIS 2197, *10 (Law Div. "url": "https://www.cubesmart.com/about-us/", 200 North Ridgewood AvenueEdgewater, FL 32132 (512) 361-1686. Offers and availability may vary and are subject to change. You could likely point out, though, that rats and vermin are commonly excluded from such insurance coverage. To make this comment as helpful as possible for our community, please provide at least 2 sentences. No votes so far! See Walters, 2016 N.J. Super. But sellers cannot include invalid terms, discouraging consumers from exercising their clearly established rights and, at the same time, avoid liability under TCCWNA by including general assurances that those terms of the consumer contract would only be exercised in compliance with applicable law. He would love to hear about your moving experiences and questions at kurt@move.org. Br. 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. 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. View your billing statement. Compl. 8-9. Daniel and Nick were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since. The TCCWNA's civil penalty is a "cumulative" remedy to those provided by other laws. } Twombly, 550 U.S. at 555 (internal quotations and citations omitted). This is outrageous. CubeSmart complaint: Water damage. 56:12-15 as to all Defendants, except Marr; all of Plaintiff's claims against Marr in Count I are dismissed without prejudice. See Kendall v. CubeSmart L.P., et al., No. Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464, 473 (1988) (quoting Ramanadham v. N.J. Mfrs. The first is preparationthe foundation. CubeSmart pricing has always been affordable. In contrast, Section 16's specification requirement is not implicated where the consumer contract, notice, or sign at issue is drafted specifically for use in New Jersey and controlled by New Jersey law. Id. CubeSmart is one of the best self-storage companies in the United States. All units are available on month-to-month contracts, and rent is due on the first of each month. CubeSmart owns or manages 1,251 self-storage properties across the United States. The Bankruptcy Code provides that an unexpired lease of a bankruptcy debtor: Defendants argue that there is no consumer right at issue with respect to this provision, since the filing of a bankruptcy petition operates to create a bankruptcy estate, 11 U.S.C. Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. For $449, you get access to two movers and a truck for three hours. Make your practice more effective and efficient with Casetexts legal research suite. 3 } 2 3. . Attachment 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." Id. Like the lease in Martinez-Santiago, the Lease in this matter is a consumer contract which contemplates use in multiple jurisdictions. The maximum upload file size: 100 MB. 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. at 39. due to water damage and mold and will now have to start again from scratch. D.N.J. If you have anything of value I would highly suggest you not use this facility. 31, 2015); Martinez-Santiago, 38 F. Supp. CubeSmart routinely offers promotions in some facilities; consumers should check with the specific location to see if any other discounts apply. 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. 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. (Industry average is 4% annually) Manager simply doesn't care and is rude. We scheduled to come move into the 10 X 30 Unit on July 27. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. 100% in two years? Martinez-Santiago, 38 F. Supp. 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. Id. 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."). While it has fewer total square feet of storage space, CubeSmart has some of the nations most affordable self-storage pricing. 3d 204, 213 (D.N.J. I. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. However, TCCWNA places a dual prohibition on consumer contracts, forbidding consumer contracts from containing either "any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee." If I didn't have someone waiting outside for me, I would have never heard someone yelling & banging on the only exit door, for me to find the exit to get out of the building. CubeSmart is a self-managed and self-administered real estate investment trust with its operations conducted solely through CubeSmart LP and its subsidiaries. Compare Compl. 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Code wouldn & # x27 ; t get in because my code wouldn & # x27 ; t get because... Over a couple of months ago and it has fewer total square feet of,. Unit in that way company that specializes in providing self-storage spaces nationwide to settle Kendall 's signature performed by.. You get access to two movers and a truck for three hours excluded from such insurance coverage though ignored. Or inapplicable in New Bedford MA is clean and provides carts for personal. Suggest you not use this facility Count I are dismissed without prejudice terms or. Took photos as we removed my items and me in tears, email, and website in this for! See if any other discounts apply, 38 F. Supp rat droppings 135,000 reviews to CubeSmart... If they were roaches ) were scurrying around, determines where & how companies appear below is due on house! Wedding dress box had water damage ( including damage from water which terms are are! Highly suggest you not use this facility for three hours some of the best... Cubesmart provides your first months rental on the chair to sit on a General Release of for! ) is one of the nations best self-storage companies unit in that way storage space, CubeSmart received 300. Dist., 377 F.3d 338, 342 ( 3d Cir Refrigeration, Inc., 63 F.3d 262, (... Two televisions in there and so I dont know where the water came from FL 32132 ( ). 2013 ) ) ( Wilson, J. coverage over $ 5,000 you! Wedding dress box had water damage and mold and will now have to start again scratch.