cubesmart water damage

Their candid reviews help us provide unique, real-life perspectives about the moving process. Once your rent is a month late, the self-storage company will lock your unit and conduct a storage auction. New complaint. 1982) (quoting House Report No. at 103-19; see infra Sec. See Gomes v. Extra Space Storage, Inc., No. 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." STEVEN KENDALL, on behalf of himself and others similarly situated, Plaintiff, v. CUBESMART L.P., CUBESMART, CUBESMART MANAGEMENT LLC, CUBESMART ASSET MANAGEMENT, LLC, CHRISTOPHER MARR, AND XYZ COMPANIES, 1-10, Defendants. 200 North Ridgewood AvenueEdgewater, FL 32132 (512) 361-1686. "item": --------. As of December 31, 2019, it owned 523 self-storage properties in 40 states and the District of . 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. Not looking forward to having to endure the smell as we move our belongings next week. Data as of August 2022. 56:12-15. CubeSmart teammates strive to make our customers' lives easier with innovative self-storage solutions, award-winning customer service, and genuine care. 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. Also concerned the smell has permeated furniture and clothing items. (Industry average is 4% annually) Manager simply doesn't care and is rude. 56:12-15 (emphasis added). 2009). 30, 33 (App. 56:12-16 (emphasis added). . Id. Id. Apr. at 14-15. See Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. Account Number. A at 15 (emphasis added). And the Lease fails to specify anywhere which terms are or are not void, unenforceable, or inapplicable in New Jersey. You can also rent Cubesmart self-storage units for vehicles for under $200 per month. 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. 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. Cf. 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. I couldnt tell they were damaged because on the outside they seemed fine. LEXIS 498, *15 (Law Div. Suggests it's a "supply and demand" issue. W. Va. 2008), aff'd, 591 F.3d 308 (4th Cir. See Circuit Lighting, Inc. v. Progressive Prods., No. They know most people don't want to have to move all their stuff out so they get away with it. CubeSmart 395 Brook Ave, Bronx, 32 Complaints and Reviews - ComplaintsBoard.com CB Real Estate CubeSmart 395 Brook Ave, Bronx, NY, 10454, US CubeSmart Company CubeSmart 1 complaint File a complaint Branch address 395 Brook Ave, Bronx, NY, 10454, US Phone number +1 (718) 292-4888 Category Real Estate Working hours Fri 9:00 am - 5:45 pm Paragraph 15, in turn, provides that upon a declaration of default, Paragraph 15 of the Lease Agreement then provides that Defendants "may . Leave a comment for CubeSmart Storage Units. Martinez-Santiago, 38 F. Supp. 's I, J. . Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. Compare Martinez-Santiago, 38 F. Supp. I recently just took out my two televisions to check if . On September 9, 2015, Plaintiff filed a motion to remand, which this Court denied on November 19, 2015. Accordingly, all Plaintiff's claims against Marr are dismissed without prejudice. . Partners may influence their position on our website, including the order in which they appear on the page. Salmafaisal23 on 17 November 2021 about CubeSmart in category Public Buildings & Spaces. "url": "https://www.cubesmart.com/about-us/", The average monthly cost to rent a CubeSmart storage unit is approximately $160. 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." 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." Save my name, email, and website in this browser for the next time I comment. Credit Union v. Hardiman, 398 B.R. A table we stored that belong to my brother in law who passed was loaded with droppings, the chair materials looked pulled and had droppings all over them. Walters v. Dream Cars Nat'l, LLC, Dkt. For the foregoing reasons, Defendants' motion to dismiss is denied in part and granted in part. The lids on my bins had brown water stains and stuck mouse droppings. LEXIS 41512, *19-20 (D.N.J. 541, and, therefore, any "right" implicated by this provision of the Lease would belong to the bankruptcy estate and not Plaintiff as the debtor. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. See Sponsors' Statement, Statement to Assembly Bill No. 113-14, 118. Then my unit was broken into again in March 2023. Kendall used his rental unit to store furniture and other personal items. The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. Last Updated: April 15, 2023 at 9:05 a.m. My Mattress cover had holes and torn from these rodents. CubeSmart is a self-managed and self-administered real estate investment trust with its operations conducted solely through CubeSmart LP and its subsidiaries. Partners may influence their position on our website, including the order in which they appear on a Top 10 list. 11, 2014) ("It is well-settled that the phrase 'including but not limited to' is used to convey an unrestricted list of examples.") LEXIS 491, *11 (App. Unpub. Finally, Defendants move to dismiss all of the Counts of the Complaint insofar as they are asserted against Defendant Marr individually, arguing that Marr is not subject to the TCCWNA because Plaintiff's contract was executed with CubeSmart and Marr is not a party to that contract. Marcus v. BMW of N. Copyright 2015-2022, BadBizReport. He specializes in taking complicated issues (like moving) and presenting them in a way that everyone can understand. CubeSmart, a REIT (Real Estate Investment Trust), operates more than 1200 self-storage facilities. CubeSmart complaint: Water damage. All rights reserved. Bank, 637 F. Supp. 463, 467 n.4 (Bankr. N.J.S.A. In order to survive a motion to dismiss, the plaintiff must provide "enough facts to state a claim to relief that is plausible on its face." 56:12-17. View your billing statement. CubeSmart offers a variety of storage unit types and sizes in 33 states and the District of Columbia. My unit was broken into in Jan 2023 because they didn't fix the front locks for months. Nevertheless, Defendants argue that Paragraph 17 only provides that, in the event that Plaintiff files a bankruptcy petition, Defendants "may" at their "option" "declare this Lease to be in default and pursue the rights and remedies in Paragraph 15." UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. Buyer beware. On Sunday 9/15/19 we found thousands of mice droppings, my bags torn and ransacked with rat droppings. And we work together, as a team, to make fellow teammates' lives easier, too. The second is documentation, followed by cooperation. Our Comments Policy|How to Write an Effective Comment. at 30; Ex. They don't care to take any action. CubeSmart (NYSE: CUBE) is a self-administered and self-managed real estate company focused on the ownership, operation, acquisition, and development of self-storage facilities in the United States. 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. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . My wedding dress box had water damage and chew marks all over the box. Visit ourMoving Grant hubto find out which companies weve worked with and to apply for funding for your next move! Of course, if you want to go it alone, CubeSmart also offers free four-hour moving truck rentals at many locations. We offer storage, service, and solutions sure to exceed your expectations. What Are the Cheapest Truck Rental Companies? "@type": "ListItem", Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. The claims against Defendant Marr will be analyzed separately, infra. One customer rented a climate-controlled unit from 2018 to 2020 and found that his belongings were infested by insects. Here, while Plaintiff's allegations groups Marr together with the other Defendants collectively in the Complaint, Compl. 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." With storage locations nationwide, youre sure to find a CubeSmart location in your area. Our content is free because we may earn a commission when you click or make a purchase using our site. One of my daughters bikes had a hole on the chair to sit on. MID-L-3867-15. Although TCCWNA does not require consumer contracts to spell out every provision of law with which its terms seek to conform, a seller cannot sidestep TCCWNA by merely including a broad savings clause which acts to nullify unenforceable terms made explicit in the contract. Id. I recently just took out my two televisions to check if they have been damaged and they did. Id. 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." 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. Their tactic is to get you into the unit, load it with all your stuff, and then within 3 months substantially raise the unit rent, usually around a 45% increase. 2d 451, 459 (D.N.J. Do NOT rent from this organization. ET First Published: April . Specifically, Plaintiff alleges that Paragraph 9 of the Lease provides - in 8 point font, non-bolded, and non-underlined text - that "Occupant shall not store any Personal Property in the Space with a total value in excess of $5,000.00 without prior written consent of owner." Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. How Much Does It Cost to Rent Space in a Storage Facility? 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Id. at 40-43; Ex. Second, where savings language merely represents an "attempt by the drafter to conform to New Jersey laws," Section 16's specification requirement is not triggered. A CFA claim requires a plaintiff to establish three elements: (1) unlawful conduct by defendant; (2) an ascertainable loss by plaintiff; and (3) a causal relationship between the unlawful conduct and the ascertainable loss. Some companies might require a minimum six-month contract, meaning youd pay for three months you didnt need. Im confused about how this happened. Our analysis over the last 18 months shows that CubeSmarts prices and customer reviews have improved, while its storage availability has remained relatively stable: CubeSmart is worth considering if you value low prices and accessibility. 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. Next, the court should "peel away" legal conclusions that are not entitled to the assumption of truth. It owns, operates, develops, manages . The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. 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. Therefore, Plaintiff would have incurred these moving costs regardless of whether the Lease was updated or not. Our self-storage facilities are designed to offer affordable, easily accessible storage space for residential and commercial customers. III.A.i. CubeSmart has the best-trained managers in the industry who are committed to delivering top-notch, unparalleled service. These include: First month for $1 and 15% off monthly rental cost when you make your rental reservation online. Storage West is now CubeSmart. So its a solid pick if you want to save money and can find nearby locations. 's A-795-15; A-796-15. I suggest you stay away from this place. Make your practice more effective and efficient with Casetexts legal research suite. At Move.org, we offer financial assistance to individuals and families who are moving in exchange for details about their experience. . 109-10; Ex. "position": 2, Bell Atl. at 39. ("The phrase 'unless prohibited by law' does not offend TCCWNA because it does not state that the provision's enforceability varies by state. A, 9. Plaintiff's claims alleging violations of N.J.S.A. 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. Id. Save my name, email, and website in this browser for the next time I comment. Moving storage. See Walters, 2016 N.J. Super. 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." I can't believe the insurance didn't cover mice. Do they really think people put things in storage for two weeks? CubeSmart doesnt lock you into long-term contracts. Plaintiff alleges that Paragraph 15 of the Lease, which provides, in relevant part, that if Plaintiff defaults on the Lease, "[t]he Owner may sell the personal Property . CubeSmart offers a variety of customized services for an additional fee. Jan. 8, 2016) (Wilson, J.) Therefore, this language does not implicate Section 16's specification requirement. The workers, especially the manager Samila was extremely apologetic, we all took photos as we removed my items and me in tears. LEXIS 498 at *19 (citing Sauro v. L.A. 56:12-16. And, if it did, then the company should have taken responsibility for the damage especially if you bought its insurance policy. Castro v. Sovran Self Storage, Inc., 114 F. Supp. C. Individual Liability of Defendant Marr. My advice is to run away from renting at this property. His writing has been featured in hundreds of publications, including USA Today, Martha Stewart Living, Country Living, Good Housekeeping, Heavy, Slate, and Yahoo! How does Complain.biz work. The Bankruptcy Code prevents the operation of contract ipso facto clauses at 11 U.S.C. Submit a complaint and get your issue resolved. That aside, when our unit experienced some minor water damage, the staff quickly alerted us and CubeSmart was prepared to address any damages via the insurance policy they required us to purchase. 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. CubeSmarts coverage options range from a $2,000 to $5,000 policy amount, with monthly costs ranging from $12 to $27. Bistrian v. Levi, 696 F.3d 352, 365 (3d Cir. 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. 132, 135 (3d Cir. That comes in handy if all you want is short-term storage. We use cookies to provide necessary website functionality, improve your experience and analyze our traffic. No's. Or, the facility might indicate that you could or should have bought storage insurance to cover your possessions. All reasonable inferences must be made in the plaintiff's favor. Id. According to the 2021 Self Storage . LEXIS 156447 (D.N.J. LEXIS 498 at *16 ("If a consumer contract is or may be used in multiple jurisdictions and expressly states that any of its provisions are or may be void, unenforceable, or inapplicable in certain of those jurisdictions, the contract must specify how these provisions are void, unenforceable, or inapplicable in New Jersey."). Compl. 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. 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. For example, you can pay extra for electricity, remote video monitoring, storage shelves, and automatic door openers. See where CubeSmart ranks on our list of the best self-storage companies. 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. 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. 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. I have escalated it to see if his supervisor returns a call. I couldn't tell they were damaged because on the outside they seemed fine. Product name, logo, brands, and other trademarks featured or referred to within our site are the property of their respective trademark holders. 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. Id. Generally, when determining a motion under Rule 12(b)(6), the court may only consider the complaint and its attached exhibits. B 7(D) (emphasis added). at public or private sale," and that "the Owner may sell Personal Property, or any thereof, without notice to Occupant," Compl. In addition brown bugs (not sure if they were roaches) were scurrying around. 2d 256, 268 (D.N.J. 2012). I moved out 2 days into my paid month and received no refund. 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. See Cablevision of Oakland, LLC v. CK Bergen Holdings, LLC, No. Plaintiff alleges that Paragraph 17 of the Lease, which provides that if Plaintiff files for bankruptcy Defendants may "declare this Lease to be in default and pursue the rights and remedies in Paragraph 15," Compl. Original review: March 25, 2023. Now I have to go through hell every month paying them by check mailing it out. With CubeSmart's new mobile app, self-storage is finally as easy as it should be. 11-4634, 2011 U.S. Dist. I have wet stains on my boxes and mold on my sheets in my storage unit. Fortunately, none of our property was damaged seriously and CubeSmart did move us to a larger unit at the same price Cubesmart Delray Beach, FL has raised rates over 100% in less than two years. 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." The SSFA provides, in relevant part, that (1) "[a] sale of the personal property shall be public and shall be held at the self-service storage facility, at the nearest suitable place where the personal property is held or stored," N.J.S.A. I also have two televisions in there and so I dont know where the water came from. Sept. 4, 2012). Id. In re Rose, 21 B.R. I have wet stains on my boxes and mold on my sheets in my storage unit. If you have any specific questions while considering which product or service you may buy, feel free to reach out to us anytime. 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. Importantly, however, the Rider is a New Jersey-specific document (albeit one attached to a multi-jurisdictional contract). 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. A 14. SATURDAY 9/14/19 I discovered hundreds of mouse droppings in the entrance of the room where my storage is kept. ("The phrase 'unless prohibited by law' does not explicitly or impliedly state that the provisions may be invalid under New Jersey law. 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. 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. Id. I couldn't tell they were damaged . 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. 2004) (citation omitted); see also In re Burlington Coat Factory Sec. "[A] plaintiff must establish 'the extent of any ascertainable loss, particularly proximate to a misrepresentation or unlawful act of the defendant condemned by the [Act].'" |, Best Climate-Controlled Self-Storage Companies. 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. Aug. 23, 2013). Compl. We have rented from this location for years including and prior to CubeSmart acquiring it two years ago. I didnt leave my storage unit in that way. I have wet stains on my boxes and mold on my sheets in my storage unit. CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. due to water damage and mold and will now have to start again from scratch. Current customers are able to pay online. at 94(a)-(d); Ex. CubeSmart routinely offers promotions in some facilities; consumers should check with the specific location to see if any other discounts apply. On December 20, 2014, Kendall and his wife went to unload their personal property from the rental unit "and have it shipped to a new home in Florida," when he discovered that his property was water damaged and that there was a "tear in the roof of his rented storage unit that was also wet." Walters, 2016 N.J. Super. at 59-60; Ex. For $449, you get access to two movers and a truck for three hours. I think theyre morons. With respect to individual liability, although the TCCWNA was enacted for "broad remedial purposes" similar to those underling the CFA, the TCCWNA does not contain a similarly expansive definition of a "person," as appears in N.J.S.A. 3:2015cv06098 - Document 28 (D.N.J. Id. These allegations are not sufficient to hold Marr personally liable under the TCCWNA. 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. No votes so far! Co., 188 N.J. Super. 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 . at 18; Ex. 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 shouldn't have allowed mice, or any other kind of nibbling pest, to invade your storage facility. 3d at 511. Civil Action No. Like the lease in Martinez-Santiago, the Lease in this matter is a consumer contract which contemplates use in multiple jurisdictions. Id. "itemListElement": See Barbarino, No. Ex. In addition to its wide variety of storage options, CubeSmart can hook you up with professional movers and a moving truck. For the following reasons, Defendants' motion to dismiss is denied in part and granted in part. Accordingly, Defendants' motion to dismiss Plaintiff's claim that the provisions of Paragraph 15 of the Lease allowing private sales without notice violated Section 15 of the TCCWNA is denied. If you choose to click on the links on our site, we may receive compensation. 365. See id. Compl. 91, the Complaint is clear that Plaintiff leased the rental unit from U-Store-It, "an associated name of Defendant CubeSmart Asset Management, LLC." 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." However, with respect to the value of his personal property, Plaintiff has failed to allege how this loss is causally connected to the alleged unlawful conduct. Prices may vary by location and are subject to change. A 15, and in the separate Rider, that Defendants' "sale or other disposition" will be pursuant to the SSFA, id. CubeSmart is hard to beat in terms of extra perks and amenities. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. Data as of 10/04/2022. 2010). 8-9. 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.

Does Hyaluronic Acid Cause Weight Gain Vigrx Plus, Funny Bathroom Decor, Articles C

この記事をシェアする

Paperdockをフォローしておすすめ記事をチェック