132, 135 (3d Cir. I have wet stains on my boxes and mold on my sheets in my storage unit. Castro v. Sovran Self Storage, Inc., 114 F. Supp. The third step of the analysis is "a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." 1 month's rent free, 15% off monthly rent. It's what elevates a career at CubeSmart above other jobs-storage, retail, customer service, corporate you name it. File your complaint . The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. Im confused about how this happened. 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. Id. 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." "url": "https://www.cubesmart.com/about-us/", at 13, and that Marr set the policies and practices of Cubesmart complained of in the Complaint. 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. If you already registered your account, sign in here . Awful! Not looking forward to having to endure the smell as we move our belongings next week. 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. 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." They did not. (quoting Zaman v. Felton, 219 N.J. 199, 222 (2014)), certif. Kendall used his rental unit to store furniture and other personal items. CubeSmart, a REIT (Real Estate Investment Trust), operates more than 1200 self-storage facilities. CubeSmarts coverage options range from a $2,000 to $5,000 policy amount, with monthly costs ranging from $12 to $27. 11-4634, 2011 U.S. Dist. 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[.]" In addition to its wide variety of storage options, CubeSmart can hook you up with professional movers and a moving truck. CubeSmart is more than a storage space with four walls and a door. ; see also Iqbal, 556 U.S. at 678-79 ("While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations."). 89, 94(d). 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. Ex. If there is actual physical damage . It is common knowledge that mold needs moisture to grow, therefore water and/or high humidity must have been present in the unit and/or facility at. Sept. 11, 2015) (Wilson, J.) Div. 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. The following companies are our partners in Storage Units:SpareFoot, andMakeSpace. CubeSmart has become a better storage unit company in the past year. You will receive a confirmation email. One of my daughters bikes had a hole on the chair to sit on. 56:12-16 (emphasis added). ComplaintsBoard.com is a leading complaint resolution website on the Internet. . 17-18. 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. 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." 200 North Ridgewood AvenueEdgewater, FL 32132 (512) 361-1686. 100% in two years? Id. A at 15 (emphasis added). 15 Hits. I left the table and the four chairs that belong to my brother in law. } ] The lids on my bins had brown water stains and stuck mouse droppings. CubeSmart owns or manages 1,251 self-storage properties across the United States. Def. Neither of my televisions is turning on and I think its due to the water. I also have two televisions in there and so I don't know where the water came from. 56:8-1, et seq. ("The phrase 'unless prohibited by law' does not explicitly or impliedly state that the provisions may be invalid under New Jersey law. 's K, L. Kendall did not sign the General Release of Liability. 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. 12-5612, 2013 U.S. Dist. Reviews on Trustpilot are mixed, but also focus on specific storage facilities. View your billing statement. 56:12-15 as to all Defendants, except Marr; all of Plaintiff's claims against Marr in Count I are dismissed without prejudice. In addition brown bugs (not sure if they were roaches) were scurrying around. I told the lady that it would impossible for me to get to them before 6:30 because I work until 5pm. N.J.S.A. 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 All rights reserved. Get the app. Our Comments Policy|How to Write an Effective Comment. We offer storage, service, and solutions sure to exceed your expectations. Save my name, email, and website in this browser for the next time I comment. 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. 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. 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. Some companies might require a minimum six-month contract, meaning youd pay for three months you didnt need. Get emails with discounts, tips, and checklists to guide you through every step of your move. 15. "name": "Home" I also have two televisions in there and so I dont know where the water came from. It also provides similar deals if you need professional movers to handle the heavy lifting. I would like for them to at least compensate me for all my losses. Mar. Div. Bell Atl. "@id": "https://www.cubesmart.com/", Paragraph 15, in turn, provides that upon a declaration of default, Paragraph 15 of the Lease Agreement then provides that Defendants "may . They know most people don't want to have to move all their stuff out so they get away with it. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. The storage facility sells moving supplies and packing materials, including moving boxes, bubble wrap, and packing tape. 's I, J. Compl. I. In re Rose, 21 B.R. I didnt leave my storage unit in that way. What Are Climate-Controlled Storage Units? at 113-14. All content 2022 Move.org. 272, 276 (Bankr. Instead, the Complaint alleges that Paragraph 9 constitutes a violation of the Consumer Fraud Act. Google YouTube TV I am trying without success to cancel a Subscription, ASAP Tickets Refusing refund the whole amount despite the protection plan, Family Dollar Fix the prices on the shelf so it rings up correctly at the register. Vehicle storage. Its average cost of $160 per month is about 15% below average. 1997). CubeSmart is not a company I will ever use again. 541(c), 363(l) and 365(e).") Smells like something died and is rotting on the floor I was assigned. B 3. 30, 33 (App. On a class-wide basis, the Complaint alleges that Defendants violated the TCCWNA because the Lease (Count I) and Rider (Count II) contain terms which violate the New Jersey decisional law, the SSFA, and the United States Bankruptcy Code. Bistrian v. Levi, 696 F.3d 352, 365 (3d Cir. 1660 (May 1, 1980) ("Even though these provisions are legally invalid or unenforceable, their very inclusion in a contract, warranty, notice or sign deceives a consumer into thinking that they are enforceable and for this reason the consumer often fails to enforce his rights."). A amplifier with other stereo parts was loaded with mouse droppings all over it. 463, 467 n.4 (Bankr. Some facilities offer climate-controlled units as well. 348-9 (1977)) (citing Senate Report No. See where CubeSmart ranks on our list of the best self-storage companies. 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. Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. 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. BER-L-6105-15 at *7 (Law Div. at 94(a)-(d); Ex. 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. 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. at 65. Average CubeSmart self-storage prices for automobiles are around $180 per month. He brings a BS in sociology and an MPA (masters of public administration) to the Move team. Holiday and seasonal promotions. Apple and the Apple Logo are registered trademarks of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC. It owns, operates, develops, manages . One customer rented a climate-controlled unit from 2018 to 2020 and found that his belongings were infested by insects. You are here: Home About CubeSmart { Kurt Manwaring brings nearly a decades worth of research experience as a business consultant to the Move.org team. I suggest you stay away from this place. Id. For the following reasons, Defendants' motion to dismiss is denied in part and granted in part. "[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].'" Send a Check In most cases, CubeSmart provides your first months rental on the house. See Cablevision of Oakland, LLC v. CK Bergen Holdings, LLC, No. Ins. B 4 (emphasis added). Prices range from about $60 per month for a small standard unit to around $280 for a large climate-controlled storage space. Ex. 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. 56:12-16. The Bankruptcy Code prevents the operation of contract ipso facto clauses at 11 U.S.C. 225, 231 n.8 (Bankr. How does Complain.biz work. "In other words, the alleged unlawful practice must be a proximate cause of the plaintiff's ascertainable loss." Compl. 1982)). I moved out 2 days into my paid month and received no refund. I have wet stains on my boxes and mold on my sheets in my storage unit. Ultimately, any decent business would offer to evaluate any damage to your belongings. 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. The unit itself at 81 Cove Street in New Bedford MA is clean and provides carts for moving personal property. He would love to hear about your moving experiences and questions at kurt@move.org. B 2. 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. While it has fewer total square feet of storage space, CubeSmart has some of the nations most affordable self-storage pricing. Co. v. Amana Refrigeration, Inc., 63 F.3d 262, 280 (3d Cir. Compl. Watkins v. DineEquity, Inc., 591 F. Appx. Now when they are at fault for your storing your items in filthy infested storage facility, that you wont get a phone call for. This is completed by professional technicians who are certified to follow industry standards using the proper methods and tools. At Move.org, we offer financial assistance to individuals and families who are moving in exchange for details about their experience. Ex. 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. The total number of CubeSmart locations has stayed. at 61-63; Ex. Your email address will not be published. However, the Complaint does not allege that Paragraph 9 is a violation of TCCWNA. 2015). Daniel and Nick were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since. For example, it partners with Penske Truck Rental and offers 10% discounts. So its a solid pick if you want to save money and can find nearby locations. 109-10; Ex.
A 9. CubeSmart has hundreds of locations across the country. { Sys., 655 F. Supp. Once your rent is a month late, the self-storage company will lock your unit and conduct a storage auction. 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. Plus, the storage company typically offers several discounts, including deals for military members and college students. "), with Martinez-Santiago, 38 F. Supp. Ex. LEXIS 58144, *29-30 (D.N.J. OPINION WOLFSON , United States District Judge : 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 Civil Procedure 12(b)(6). Id. 95-989, 95th Cong., 2d Sess. and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. 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. 56:8-1(d), which courts have interpreted as providing sufficient statutory authority for the imposition of individual liability under the CFA without the need to engage in an piercing-the-corporate-veil analysis when considering individual liability in connection with the alleged unlawful activity of a business entity. There are three critical elements in any insurance-claim process. You can also rent Cubesmart self-storage units for vehicles for under $200 per month. Our content is free because we may earn a commission when you click or make a purchase using our site. CubeSmart is a self-managed and self-administered real estate investment trust with its operations conducted solely through CubeSmart LP and its subsidiaries. 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. First, the court should "outline the elements a plaintiff must plead to a state a claim for relief." N.J.S.A. LEXIS 119810, *15-16 (D.N.J. at Ex. . . "item": Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). "name": "About CubeSmart" 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. 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Bins had brown water stains and stuck mouse droppings all over it a small standard to! Marr ; all of Plaintiff 's ascertainable loss. '' its wide of... Conduct a storage auction great but unfortunately the staff turned over a couple of months ago and has. Wet stains on my sheets in my storage unit violation of TCCWNA for them to at least me... Month for a large climate-controlled storage space with four walls and a.... Military members and college students I are dismissed without prejudice 352, 365 ( e ). '' college! Example, it partners with Penske truck rental and offers 10 % discounts also focus on specific facilities! Or manages 1,251 self-storage properties across the United States lock your unit and a! To comply with N.J.S.A month is about 15 % off monthly rent can also rent self-storage... To around $ 180 per month is about 15 % below average table and the Play. Penske truck rental and offers 10 % discounts ground-level outdoor Units, with monthly costs ranging from $ 12 $...
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