I would like for them to at least compensate me for all my losses. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. CubeSmart has become a better storage unit company in the past year. Pricing and approximate square footage as of August 2022. . We sometimes offer premium or additional placements on our website and in our marketing materials to our advertising partners. When reviewing a motion to dismiss, courts must first separate the factual and legal elements of the claims, and accept all of the well-pleaded facts as true. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. Div.) 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. No votes so far! . Compl. Walters, 2016 N.J. Super. However, their military discount, office space rentals, and frequent promotions make it a good choice for consumers seeking to store their belongings as well as small business owners looking to set up shop. 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. 56:12-16 (Compl. 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-2767-12T4, 2014 N.J. Super. An obvious infestation! Cubesmart submitted the claims to their insurance company requesting them to cover some of the losses and their insurance also denied the claims. Instead, the Complaint alleges that Paragraph 9 constitutes a violation of the Consumer Fraud Act. This is completed by professional technicians who are certified to follow industry standards using the proper methods and tools. 225, 231 n.8 (Bankr. This is how we maintain our free service for consumers. Def. Additionally, there is office space rental available in some locations. I recently just took out my two televisions to check if they have been damaged and they did. As a national owner and operator, we continually enhance our business by applying our management expertise and best practices to each facility. CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. At Move.org, we offer financial assistance to individuals and families who are moving in exchange for details about their experience. Co., 188 N.J. Super. 89, 94(d). Aug. 23, 2013). 463, 467 n.4 (Bankr. Ex. I say stay far away from these heartless crooks! at 63- 64, Ex. 56:12-17. You can also rent Cubesmart self-storage units for vehicles for under $200 per month. 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. Id. Am., LLC, 687 F.3d 583, 606 (3d Cir. 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. CubeSmart - shady business practices. 2012). And, if it did, then the company should have taken responsibility for the damage especially if you bought its insurance policy. at 679. ." 56:12-16 (emphasis added). 56:12-15 (emphasis added). CubeSmart pricing has always been affordable. CubeSmart complaint: Water damage. Id. Reply Br. The Court disagrees. And the Lease fails to specify anywhere which terms are or are not void, unenforceable, or inapplicable in New Jersey. 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. CubeSmart is not a company I will ever use again. With CubeSmart's new mobile app, self-storage is finally as easy as it should be. She said I couldn't get in because my code wouldn't work. Compl. CubeSmart has hundreds of locations across the country. 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. Id. 348-9 (1977)) (citing Senate Report No. 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."). Corp. v. Twombly, 550 U.S. 544, 570 (2007). Its best features include low prices and month-to-month storage contracts. 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. 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. Now when they are at fault for your storing your items in filthy infested storage facility, that you wont get a phone call for. B 7(D) (emphasis added). If there is actual physical damage . 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. Marcus v. BMW of N. How does Complain.biz work. I . CubeSmart routinely offers promotions in some facilities; consumers should check with the specific location to see if any other discounts apply. The maximum upload file size: 100 MB. As Plaintiff correctly argues, this provision of the Rider does not require that the sale to be public; rather, the use of the modifier "if" suggests that Defendants continued to retain the option, set forth in the Lease, of proceeding with a private sale if they so choose. Aug. 9, 2013. Nov. 19, 2015). 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. { Water damage restoration is the professional process of removing unwanted water, drying and cleaning the structure and/or contents, and returning the property to its pre-loss condition. CubeSmarts maximum grace period is 30 days. However, where the savings provision could be interpreted to imply that some terms of the contract may be unenforceable in some jurisdictions, courts have found such provisions trigger the specification requirement even though they do not expressly use the "magic words" contained in Section 16, i.e., that some provisions "may be void, unenforceable or inapplicable in some jurisdictions." at Ex. A 9. If you don't click the links on our site or use the phone numbers listed on our site we will not be compensated. 95-96), and (2) Count II of the Complaint. N.J.S.A. (quoting Sauro, 2013 U.S. Dist. CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. 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. CubeSmart Water damage BadBizReport November 17, 2021 Leave a Comment on CubeSmart Water damage. 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. Vehicle storage Compl. 119(a), (b). All content 2022 Move.org. K. Nevertheless, Defendants offered to settle Kendall's claim for $5,000 and attached a General Release of Liability for Kendall's signature. Rent is paid month-by-month, and there are discounts available for active military service members. A amplifier with other stereo parts was loaded with mouse droppings all over it. Id. "position": 2, Co. v. Amana Refrigeration, Inc., 63 F.3d 262, 280 (3d Cir. Martinez-Santiago, 38 F. Supp. We may earn money when you click on our links. To be sure, "TCCWNA is not triggered merely because a consumer, unfamiliar with New Jersey law, cannot discern with certainty how far a provision extends." Awful! . Id. Then my unit was broken into again in March 2023. Leave a comment for CubeSmart Storage Units. 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. It owns, operates, develops, manages . But theyre too stupid to do it. at 40-43; Ex. 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. CubeSmart, a REIT (Real Estate Investment Trust), operates more than 1200 self-storage facilities. Register a new account. Id. It is sad to see another company not caring about its clients and taking advantage of them in order to maximize profits. Id. Ex A 15, violates a clearly established right under the SSFA. 541(c), 363(l) and 365(e).") I think theyre morons. To find out more about how we make money and our editorial process, click here. 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. (citing Cooper Distrib. My advice is to run away from renting at this property. Ex. 95-959, 95th Cong., 1st Sess. We discussed the options in length and set up our appointment. Generally, when determining a motion under Rule 12(b)(6), the court may only consider the complaint and its attached exhibits. 365. Kurt Manwaring brings nearly a decades worth of research experience as a business consultant to the Move.org team. Be the first to rate this post. 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. 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. and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. Plus, the storage company typically offers several discounts, including deals for military members and college students. 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."). See Castro, 114 F. Supp. Business. Defendants' argument that the Rider's provision would ultimately be construed in favor of consumers (and in accordance with the SSFA) if a consumer brought suit misses the point. To make this comment as helpful as possible for our community, please provide at least 2 sentences. 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." See In re Ins. at 61-63; Ex. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. Paragraph 14 does not merely state that a sale may occur, as permitted by law, leaving it to the consumer to discover that only public sales are permitted under New Jersey law. Do they really think people put things in storage for two weeks? The first is preparationthe foundation. at 109-10; Ex. 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." 30, 33 (App. 15-16, 18-19. Reviews on Trustpilot are mixed, but also focus on specific storage facilities. Save my name, email, and website in this browser for the next time I comment. Id. See Allen v. V & A Bros., Inc., 208 N.J. 114, 131 (2011); see also Ceballo v. Mac Tools, Inc., No. 's I, J. Cf. ("The phrase 'unless prohibited by law' does not offend TCCWNA because it does not state that the provision's enforceability varies by state. Quickly browse for nearby locations and book a reservation or rent a space, check your account balances and history, pay bills or set up for autopay, check store hours, and manage your . There are three critical elements in any insurance-claim process. For the following reasons, Defendants' motion to dismiss is denied in part and granted in part. B 3. 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 's K, L. Kendall did not sign the General Release of Liability. Consider our climate-controlled units. CubeSmarts coverage options range from a $2,000 to $5,000 policy amount, with monthly costs ranging from $12 to $27. You must have insurance to store your belongings at a CubeSmart facility. Ex. Id. The Complaint identifies four such provisions (in three paragraphs of the Lease) in this matter; specifically: (1) a provision in Paragraph 14 which purports 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) two provisions in Paragraph 15, which permit Defendants to sell personal property at (i) private sales (ii) without notice; and (3) a provision of Paragraph 17, which permits Defendants to declare the Lease in default in the event that a lessor files for bankruptcy. 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." Any reference in this website to third party trademarks is to identify the corresponding third party goods and/or services. Drop file here. 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. 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. For one year of storage, CubeSmart self-storage can save you nearly $400 compared to other companies. I have wet stains on my boxes and mold on my sheets in my storage unit. SATURDAY 9/14/19 I discovered hundreds of mouse droppings in the entrance of the room where my storage is kept. My unit was broken into in Jan 2023 because they didn't fix the front locks for months. Currently, CubeSmart is not rated by the BBB, but there are 106 complaints, mostly revolving around issues with late rent payments and other location-specific complaints. Compl. Average CubeSmart self-storage prices for automobiles are around $180 per month. The lids on my bins had brown water stains and stuck mouse droppings. 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." LEXIS 58144, *29-30 (D.N.J. 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." Ins. Id. They are completely incompetent. However, it did experience flooding, due to a defective roof, which it appears has not yet been fully replaced. CubeSmart has vehicle storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. Now I have to go through hell every month paying them by check mailing it out. 56:12-16. See supra Sec. Kendall used his rental unit to store furniture and other personal items. Paragraph 15, in turn, provides that upon a declaration of default, Paragraph 15 of the Lease Agreement then provides that Defendants "may . CubeSmart offers a variety of customized services for an additional fee. Many or all of the companies featured here provide compensation to us. "), with Martinez-Santiago, 38 F. Supp. See Compl. Sys., 655 F. Supp. 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. 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." Both Sections 15 and 16 are intended to "collectively prevent deceptive practices in consumer contracts. 15-6098, 2015 U.S. Dist. 775, 790 (S.D. LEXIS 498 at *19 (citing Sauro v. L.A. 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. limiting phrases, such as 'to the fullest extent permitted by law' or 'as is permitted by law,'" without violating TCCWNA. 3d at 213. Click here for offer details. To find out more about how we make money and our editorial process,click here. Div. 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 . 2010). 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." 2009). Submit a complaint and get your issue resolved. View Top 10 List How is CubeSmart rated? My wedding dress box had water damage and chew marks all over the box. The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. Hundreds of mouse droppings in the entrance of the room where my storage unit company in the past year find... Paid month-by-month, and ( 2 ) Count II of the losses and their insurance company requesting them cover! Llc, 687 F.3d 583, 606 ( 3d Cir nearly $ compared... Our management expertise and best practices to each facility can save you $! Into again in March 2023 offers promotions in some facilities ; consumers should check with specific... 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About how we make money and our editorial process, click here 95-96 ), with Martinez-Santiago 38... Reit ( Real Estate Investment Trust ), and ( 2 ) Count of! 38 F. Supp also focus on specific storage facilities e ). '' 544, 570 ( 2007 ) ''!
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