How does Complain.biz work. terminate this Lease in the manner provided by law. CubeSmart is hard to beat in terms of extra perks and amenities. With storage locations nationwide, youre sure to find a CubeSmart location in your area. Or are they just morons? Thats a $30 savings for your first month. CubeSmarts maximum grace period is 30 days. Make your practice more effective and efficient with Casetexts legal research suite. Here, while Plaintiff's allegations groups Marr together with the other Defendants collectively in the Complaint, Compl. Defendants also argue that Paragraph 9's limitation on the value of property Plaintiff could store in the rental storage unit to $5,000 is not a violation of TCCWNA. View Top 10 List How is CubeSmart rated? Watkins v. DineEquity, Inc., 591 F. Appx. And the Lease fails to specify anywhere which terms are or are not void, unenforceable, or inapplicable in New Jersey. Next, the court should "peel away" legal conclusions that are not entitled to the assumption of truth. 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. Compl. 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. A amplifier with other stereo parts was loaded with mouse droppings all over it. Id. For one year of storage, CubeSmart self-storage can save you nearly $400 compared to other companies. I couldn't tell they were damaged because on the outside they seemed fine. B 4 (emphasis added). It owns, operates, develops, manages . 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. I didn't leave my storage unit in that way. Some companies might require a minimum six-month contract, meaning youd pay for three months you didnt need. This interpretation of Section 16 logically flows from the fact that, where a contract is drafted specifically for use in New Jersey, there is no need to explain which provisions may or may not be enforceable under New Jersey law because requiring such a specification would be redundant. The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. limiting phrases, such as 'to the fullest extent permitted by law' or 'as is permitted by law,'" without violating TCCWNA. Good Morning Mr. Marino, I hope this e-mail reaches you quickly and you address this matter. . The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. A, 9. I . 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. See Walters, 2016 N.J. Super. Original review: March 25, 2023. Request cancellation of your storage subscription & monthly payments. Search for storage below or, CubeSmart Privacy Policy, Terms and Trademark Usage. 113-14, 118. "@type": "ListItem", See Cablevision of Oakland, LLC v. CK Bergen Holdings, LLC, No. 1995)). Plaintiff's claims alleging violations of N.J.S.A. Lifestyle. Save my name, email, and website in this browser for the next time I comment. See Compl. The gates were closed and only the office was open. To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. 56:8-1, et seq. 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." 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. "[I]nterruption or discontinuance of utilities, burglary, theft, vandalism, fire, water damage, mysterious disappearance, earthquake, hurricane, rain, explosion, bursting pipes, vermin, rodents, mold, mildew or acts of God." Reply Br. Jan. 8, 2016) (Wilson, J.) B. The Rider was entered into between Kendall and YSI Management LLC, which the Complaint alleges was "an agent of U-Store-It and is an associated name of Defendant CubeSmart Management, LLC." Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. . However, each section affords different protections and may arise from different harms." I have yet to receive a call from Ravinder Setti. at 39, 46-47. CubeSmart has some of the lowest prices in the storage unit industry. 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. 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." . How Much Does It Cost to Rent Space in a Storage Facility? Suggests it's a "supply and demand" issue. Oct. 5, 2011). According to the Complaint, the Lease allegedly contains provisions which (1) purport to exculpate 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; (2) permit Defendants to sell personal property at (i) private sales (ii) without notice; and (3) permit Defendants to declare the Lease in default in the event that a lessor files for bankruptcy. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. Please enter the same email address you provided when you rented your storage unit. Instead, the Complaint alleges that Paragraph 9 constitutes a violation of the Consumer Fraud Act. Your email address will not be published. 59 (1978)) (emphasis added); see also In re Tobago Bay Trading Co., 112 B.R. CubeSmart has become a better storage unit company in the past year. See In re Blakeley, 363 B.R. I didn't leave my storage unit in that way. 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. 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. The following facts are drawn from the Complaint and attached exhibits, and are assumed to be true. 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. at 46-48. Stated another way, TCCWNA permits sellers to expand valid terms of a consumer contract so that they extend to the fullest degree allowed by law. Other restrictions, taxes, fees, and insurance requirements may apply. Average CubeSmart self-storage prices for automobiles are around $180 per month. Ex. . The company accepts payment via credit card, cash, or check. What can she do? Accordingly, Defendants' motion to dismiss Plaintiff's claim that the exculpatory provision of Paragraph 14 of the Lease violated Section 15 of the TCCWNA is denied. Hello my name is Omar naser I'm currently a cubesmart customer on 1526 N Shepherd DrHouston, TX 77008 unit A 4056 the manager there is giving me a hard time and keeps . Martinez-Santiago, 38 F. Supp. B 7(D) (emphasis added). 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. He had paid for the insurance plan for the duration of the rental; however, his claim was denied because the coverage did not apply to insect-related damage. LEXIS 156447 (D.N.J. 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. (Industry average is 4% annually) Manager simply doesn't care and is rude. Id. This will surely increase the credibility of your complaint. LEXIS 58144, *29-30 (D.N.J. 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. [ Therefore, Plaintiff would have incurred these moving costs regardless of whether the Lease was updated or not. Defendants operate a storage facility located in New Brunswick, New Jersey. Your email address will not be published. The lids on my bins had brown water stains and stuck mouse droppings. at public or private sale," and that "the Owner may sell Personal Property, or any thereof, without notice to Occupant," Compl. These decisions have interpreted and refined the contours of Section 16 in two important ways. CubeSmart is a self-managed and self-administered real estate investment trust with its operations conducted solely through CubeSmart LP and its subsidiaries. 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. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . Like the lease in Martinez-Santiago, the Lease in this matter is a consumer contract which contemplates use in multiple jurisdictions. at 88, 94(c). Get the app. 1982) (quoting House Report No. 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. 15-6098, 2015 U.S. Dist. See Allen v. V & A Bros., Inc., 208 N.J. 114, 131 (2011); see also Ceballo v. Mac Tools, Inc., No. ASAP Tickets Refusing refund the whole amount despite the protection plan. Id. Smells like something died and is rotting on the floor I was assigned. Storage West is now CubeSmart. CubeSmart offers specialized climate-controlled storage for easily-damaged items like furniture and electronics. Aug. 23, 2013). By using our website, you agree to our Privacy Policy and our cookies usage. B 2. Generally, when determining a motion under Rule 12(b)(6), the court may only consider the complaint and its attached exhibits. 2012). B 3. If you don't click the links on our site or use the phone numbers listed on our site we will not be compensated. The floors had hundreds of huge rodent droppings. For the foregoing reasons, Defendants' motion to dismiss is denied in part and granted in part. Br. Corp. v. Twombly, 550 U.S. 544, 570 (2007). at 38. Importantly, however, the Rider is a New Jersey-specific document (albeit one attached to a multi-jurisdictional contract). Castro, 114 F. Supp. That comes in handy if all you want is short-term storage. We discussed the options in length and set up our appointment. To accomplish this end, the TCCWNA provides that an aggrieved consumer may seek a minimum civil penalty of $100 (in addition to actual damages) against any person "who violates the provisions of this act." N.J.S.A. The storage facility sells moving supplies and packing materials, including moving boxes, bubble wrap, and packing tape. And we work together, as a team, to make fellow teammates' lives easier, too. { Our self-storage facilities are designed to offer affordable, easily accessible storage space for residential and commercial customers. Business Hours On March 21st, 2023, I got to the CubeSmart in Queens, NY on Cooper St and was not able to reach my storage unit. 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 A-2767-12T4, 2014 N.J. Super. I didnt leave my storage unit in that way. at 94(a)-(d); Ex. Id. 12-2063, 2012 U.S. Dist. Although the airport is surrounded by retention ponds designed to . at 97, 102. 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. LEXIS 41512, *19-20 (D.N.J. My unit was broken into in Jan 2023 because they didn't fix the front locks for months. I left the mattress with the cover with holes. Ask to speak with a representative. Storage unit prices exclude a one-time administrative fee, monthly insurance costs, and special promotions. Id. 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 . Id. The first is preparationthe foundation. They are completely incompetent. CubeSmart is not a company I will ever use again. With several people moving in at the same time, they do not have enough Ash Mann with the Simpsonville CubeSmart is rude and nasty to the customers there. 2d 256, 268 (D.N.J. Of course, if you want to go it alone, CubeSmart also offers free four-hour moving truck rentals at many locations. Just about every aspect of the experience is now in the palm of your hand. 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. CubeSmart has a variety of vehicle storage units that fit everything from small motorcycles to extra-large recreational vehicles. Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. Email Address. 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. If you choose to click on the links on our site, we may receive compensation. N.J.S.A. Id. You are here: Home About CubeSmart { 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. (quoting Zaman v. Felton, 219 N.J. 199, 222 (2014)), certif. Defendants also provided Kendall with a New Jersey Rider ("Rider") when he executed the Lease. Ultimately the choice is yours. . Now that's smart. LEXIS 119810, *15-16 (D.N.J. The TCCWNA's civil penalty is a "cumulative" remedy to those provided by other laws. ("The phrase 'unless prohibited by law' does not explicitly or impliedly state that the provisions may be invalid under New Jersey law. We used the Cubesmart on Grand Street in Elizabeth, NJ (027) for about 9 months. Unpub. USE ANY OTHER STORAGE FACILITY!! It is well-established that a proper complaint "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." My wedding dress box had water damage and chew marks all over the box. As a national owner and operator, we continually enhance our business by applying our management expertise and best practices to each facility. granted, 223 N.J. 551 (2015); see also Gotthelf v. Toyota Motor Sales, U.S.A., Inc., 525 F. Appx. Ex. 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. My daughters keep sake items were stained with droppings stuck on them. Id. Call 877-659-1440 to pay your bill by phone with our automated phone payment system. The allegations that are specific to Marr allege only that Marr is the President of Cubesmart, id. In addition to its wide variety of storage options, CubeSmart can hook you up with professional movers and a moving truck. . 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. CubeSmart pricing has always been affordable.
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