At least 3 times, within a months time, were the elevators down. CubeSmart has become a better storage unit company in the past year. All rights reserved. Bistrian, 696 F.3d at 365 (quoting Iqbal, 556 U.S. at 679). 15-6098 (FLW)(LHG) (D.N.J. Now that's smart. 8-9. You could likely point out, though, that rats and vermin are commonly excluded from such insurance coverage. 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. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. . The gates were closed and only the office was open. What Are the Cheapest Truck Rental Companies? Ins. But theyre too stupid to do it. We may earn money when you click on our links. For example, it partners with Penske Truck Rental and offers 10% discounts. Twombly, 550 U.S. at 555 (internal quotations and citations omitted). 365, in violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. Defendants' motion to dismiss Count III is granted, and Plaintiff's claim under the CFA is dismissed without prejudice. Importantly, however, the Rider is a New Jersey-specific document (albeit one attached to a multi-jurisdictional contract). Id. She filed two incident reports. I. 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. Walters, 2016 N.J. Super. Id. Provide them with your customer details. All rights reserved. Your email address will not be published. The company accepts payment via credit card, cash, or check. Just about every aspect of the experience is now in the palm of your hand. LEXIS 491, *11 (App. New complaint. Compl. Additionally, there is office space rental available in some locations. Their candid reviews help us provide unique, real-life perspectives about the moving process. 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. As a national owner and operator, we continually enhance our business by applying our management expertise and best practices to each facility. N.J.S.A. at 13, and that Marr set the policies and practices of Cubesmart complained of in the Complaint. 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." 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." See where CubeSmart ranks on our list of the best self-storage companies. at 39, 46-47. How Much Does It Cost to Rent Space in a Storage Facility? What Are Climate-Controlled Storage Units? 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. 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." K. Nevertheless, Defendants offered to settle Kendall's claim for $5,000 and attached a General Release of Liability for Kendall's signature. . I am sure the fine print of their contract covers them for no liability,but we shall see. I have wet stains on my boxes and mold on my sheets in my storage unit. } Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. 2d 256, 268 (D.N.J. One of my daughters bikes had a hole on the chair to sit on. CubeSmart has hundreds of locations across the country. Product name, logo, brands, and other trademarks featured or referred to within our site are the property of their respective trademark holders. 2010). Be the first to rate this post. 's A-795-15; A-796-15. Learn more. LEXIS 498 at *19 (citing Sauro v. L.A. Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. My advice is to run away from renting at this property. { Like the lease in Martinez-Santiago, the Lease in this matter is a consumer contract which contemplates use in multiple jurisdictions. 3d at 511. CubeSmart has a variety of vehicle storage units that fit everything from small motorcycles to extra-large recreational vehicles. According to the 2021 Self Storage . Not looking forward to having to endure the smell as we move our belongings next week. I recently just took out my two televisions to check if they have been damaged and they did. Need a little extra comfort for your stuff? 2009). We offer storage, service, and solutions sure to exceed your expectations. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. See Walters, 2016 N.J. Super. The lids on my bins had brown water stains and stuck mouse droppings. I left the mattress with the cover with holes. 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 I had to once carry HEAVY furniture up the stairs to the 2nd floor, just to get to my storage unit. 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. Angstadt v. Midd-West Sch. 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. 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. This standard requires the plaintiff to show "more than a sheer possibility that a defendant has acted unlawfully," but does not create as high of a standard as to be a "probability requirement." Unpub. Nor does the Rider's general reference that a sale of personal property will conform to the requirements of the SSFA cure the TCCWNA violation, as this merely shifts the onus on to the consumer to discover that the SSFA requires that such a sale must be public. The process consists of inspection, extraction, dehumidification, sanitation, and reconstruction (if necessary). Get the app. I was in a storage bldg late at night, my unit on the 2nd floor. 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. You will receive a confirmation email. An obvious infestation! We offer storage, service, and solutions sure to exceed your expectations. Prices range from about $60 per month for a small standard unit to around $280 for a large climate-controlled storage space. Thus, it would appear that even if every term of consumer contract is enforceable in New Jersey, if the contract states (explicitly or implicitly) that some terms may not be enforceable in some jurisdictions, it must also state that all of its terms are enforceable in New Jersey to satisfy Section 16. Then my unit was broken into again in March 2023. We know we can only be successful if we take your trust in us seriously! On October 20, 2010, Kendall executed a Self-Storage Lease ("Lease") to rent a storage space from Defendants for a term of one month, which automatically extended each month. All units are available on month-to-month contracts, and rent is due on the first of each month. 161, 166 n.1 (E.D.N.C. Here, while Plaintiff's allegations groups Marr together with the other Defendants collectively in the Complaint, Compl. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. A 17 (emphasis added). N.J.S.A. 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. There are three critical elements in any insurance-claim process. at 86-87, 94(a), (b). If you have anything of value I would highly suggest you not use this facility. For example, lets say you need extra storage space for a three-month home renovation. 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. 56:12-16. "item": I also have two televisions in there and so I dont know where the water came from. ; and the United States Bankruptcy Code, 11 U.S.C. A 14. In response, Plaintiff argues that he has alleged that Marr is a seller, lessor, creditor, lender, or bailee and, therefore, Defendants' motion should be denied. 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." Br. 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. Compensation, along with hours of in-depth editorial research, determines where & how companies appear below. Id. 109-10; Ex. Your email address will not be published. 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. Ex. 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 Civil Action No. The first is preparationthe foundation. Feb. 13, 2013)) (emphasis added). granted, 223 N.J. 551 (2015); see also Gotthelf v. Toyota Motor Sales, U.S.A., Inc., 525 F. Appx. 56:12-16. 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. Any reference in this website to third party trademarks is to identify the corresponding third party goods and/or services. Insurance policies are available in some states. 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. All reasonable inferences must be made in the plaintiff's favor. CubeSmart is hard to beat in terms of extra perks and amenities. I have yet to receive a call from Ravinder Setti. Accordingly, Defendants' motion to dismiss Plaintiff's claim that the ipso facto provision in Paragraph 17 of the Lease violated Section 15 of the TCCWNA is denied. at 14-15. I have wet stains on my boxes and mold on my sheets in my storage unit. 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. Is granted, and Rent is due on the chair to sit on a cubesmart water damage from Ravinder.! In this website to third party goods and/or services run away from renting at this property our convenient locations the! About $ 60 per month for a three-month home renovation dont know where the water came from televisions in and... Can only be successful if we cubesmart water damage your trust in us seriously of cubesmart of! Least 3 times, within a months time, were the elevators down storage?! 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Unit to around $ 280 for a large climate-controlled storage space for a three-month home renovation trademarks to... Took out my two televisions in there and so i dont know where the water came from range... Were the elevators down helpful information accepts payment via credit card, cash, or check the of... Three critical elements in any insurance-claim process company accepts payment via credit card, cash or...