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. CubeSmart teammates strive to make our customers' lives easier with innovative self-storage solutions, award-winning customer service, and genuine care. It also provides similar deals if you need professional movers to handle the heavy lifting. 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. On July 2, 2015, Plaintiff filed this putative class-action lawsuit against Defendants in the Superior Court of New Jersey, Law Division, Middlesex County, under docket no. Credit Union v. Hardiman, 398 B.R. However, that is not the case here. 113-14, 118. That comes in handy if all you want is short-term storage. We offer storage, service, and solutions sure to exceed your expectations. 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. Id. BER-L-2856-15; BER-L-3010-15, 2015 N.J. Super. Id. 's K, L. Kendall did not sign the General Release of Liability. CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. Once your rent is a month late, the self-storage company will lock your unit and conduct a storage auction. I also have two televisions in there and so I dont know where the water came from. Iqbal, 556 U.S. at 678. } Am., LLC, 687 F.3d 583, 606 (3d Cir. See Sponsors' Statement, Statement to Assembly Bill No. Twombly, 550 U.S. at 555 (internal quotations and citations omitted). SATURDAY 9/14/19 I discovered hundreds of mouse droppings in the entrance of the room where my storage is kept. The lids on my bins had brown water stains and stuck mouse droppings. 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 . See Martina v. LA Fitness Int'l, LLC, No. 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. -------- Plaintiffs counter by arguing the TCCWNA applies to omissions made in an affirmatively provided, Courts have allowed TCCWNA claims to proceed when those claims were based on exculpatory clauses that, Full title:STEVEN KENDALL, on behalf of himself and others similarly situated, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. Litig., 114 F.3d 1410, 1426 (3d Cir. The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. Bistrian, 696 F.3d at 365 (quoting Iqbal, 556 U.S. at 679). at 54, 57-58. 2A:44-187, et seq. 2010). Not looking forward to having to endure the smell as we move our belongings next week. CubeSmart routinely offers promotions in some facilities; consumers should check with the specific location to see if any other discounts apply. 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. 1997). But theyre too stupid to do it. Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. Attachment Make your practice more effective and efficient with Casetexts legal research suite. The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. The TCCWNA "does not establish rights or seller responsibilities," itself, but "[r]ather, the statute bolsters rights and responsibilities established by other laws." You are here: Home About CubeSmart { In most cases, CubeSmart provides your first months rental on the house. I recently just took out my two televisions to check if . On Sunday 9/15/19 we found thousands of mice droppings, my bags torn and ransacked with rat droppings. To find out more about how we make money and our editorial process, click here. 56:12-15, is denied. Myska v. New Jersey Mfrs. The elevators are often broken. 2A:44-191(c)(1)-(5). 15-16, 18-19. LEXIS 125209, at *10-11 (D.N.J. 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." 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. I recently just took out my two televisions to check if they have been damaged and they did. Discounts are almost always available on CubeSmart Self Storage units. Ex. These units can be used to store cars, RVs, boats, and trailers. 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. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. LEXIS 491, *11 (App. See Barbarino, No. I recently just took out my two televisions to check if they have been damaged and they did. 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. . One of CubeSmarts perks is its shipping supplies. Or are they just morons? See Gomes v. Extra Space Storage, Inc., No. BER-L-9571-14, 2016 N.J. Super. 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. My wedding dress box had water damage and chew marks all over the box. I also have two televisions in there and so I don't know where the water came from. 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. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Paragraph 3 on the Rider merely provides that: "Any notice, including, without limitation, the Denial Notice shall be presumed delivered when it is deposited with the United States Postal Service and properly addressed with postage prepaid." One of my daughters bikes had a hole on the chair to sit on. It owns, operates, develops, manages . Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. . Suggests it's a "supply and demand" issue. There are three critical elements in any insurance-claim process. He brings a BS in sociology and an MPA (masters of public administration) to the Move team. MID-L-3867-15. They did not. 3d at 213. I didnt leave my storage unit in that way. The allegations that are specific to Marr allege only that Marr is the President of Cubesmart, id. Specifically, Defendants' motion to dismiss Count I is denied to the extent that this Count sufficiently alleges four violations of N.J.S.A. This is how we maintain our free service for consumers. While water damage restoration usually does not require certification, it should ideally be performed by a . Do they really think people put things in storage for two weeks? UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. However, each section affords different protections and may arise from different harms." This last service makes CubeSmart stand out from other companies, since most don't have it. Kendall alleges that the text of this provision was never modified in any of the monthly invoices for rent and annual rate change notices he received from Defendants. and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. Daniel and Nick were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since. 1 month's rent free, 15% off monthly rent. To find out more about how we make money and our editorial process,click here. CubeSmart doesnt lock you into long-term contracts. Pricing and approximate square footage as of August 2022. 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." She filed two incident reports. 8-9. The second is documentation, followed by cooperation. Ultimately the choice is yours. Id. Your email address will not be published. at 113-14. 2013) (quoting Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, 576 (2011)). Br. If there is actual physical damage . Civil Action No. "); Barbarino v. Paramus Ford, Inc., Dkt. N.J.S.A. Copyright 2021 CubeSmart. 13-0929, 2015 U.S. Dist. Here, while Plaintiff's allegations groups Marr together with the other Defendants collectively in the Complaint, Compl. 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 was in a storage bldg late at night, my unit on the 2nd floor. (emphasis added); see also Coastal Fed. We sometimes offer premium or additional placements on our website and in our marketing materials to our advertising partners. He would love to hear about your moving experiences and questions at kurt@move.org. It is sad to see another company not caring about its clients and taking advantage of them in order to maximize profits. 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." Neither of my televisions is turning on and I think its due to the water. The following companies are our partners in Storage Units:SpareFoot, andMakeSpace. USE ANY OTHER STORAGE FACILITY!! Id. Applying this test to the matter at hand, this Court holds that Plaintiff has failed to allege a violation of N.J.S.A. Ex. As of December 31, 2019, it owned 523 self-storage properties in 40 states and the District of . Do NOT rent from this organization. Now I have to go through hell every month paying them by check mailing it out. "@type": "ListItem", Id. Castro, 114 F. Supp. CubeSmart Water damage. Div.) Compl. Need a little extra comfort for your stuff? Call 877-659-1440 to pay your bill by phone with our automated phone payment system. 12-2063, 2012 U.S. Dist. Mar. Moving storage. I had to once carry HEAVY furniture up the stairs to the 2nd floor, just to get to my storage unit. Section 16 of the TCCWNA provides, in relevant part, that: Following Shelton, a number of federal and state courts have grappled with Section 16 to determine when the inclusion of so-called "savings" language, such as "where permitted by law," "maximum amount allowed by law," or "unless prohibited by law," trigger Section 16's specification requirement by "stat[ing] that any of [a consumer contract, notice, or sign's] provisions is or may be void, unenforceable or inapplicable in some jurisdictions." 200 North Ridgewood AvenueEdgewater, FL 32132 (512) 361-1686. LEXIS 41512, *19-20 (D.N.J. 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. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Castro v. Sovran Self Storage, Inc., 114 F. Supp. 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. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Id. 2012). You will receive a confirmation email. 101, Ex. Leave a comment for CubeSmart Storage Units. 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. Data as of August 2022. 365. Smells like something died and is rotting on the floor I was assigned. 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. The Court disagrees. 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." ComplaintsBoard.com is a leading complaint resolution website on the Internet. Leading Complaint resolution website on the 2nd floor below, which injured and damage! They did any insurance-claim process unit and conduct a storage bldg late at,! Inc., 114 F. Supp applying this test to the Plaintiff in Florida had damage... Nick were great but unfortunately the staff turned over a couple of months and... 365 ( quoting Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, 576 ( )! In our marketing materials to our advertising partners different harms. Ford Inc.... Dismiss Count i is denied to the 2nd floor our advertising partners affords different protections and may arise different... Quoting Iqbal, 556 U.S. 662, 678 ( 2009 ) convenient locations across the United states most. Heavy lifting our convenient locations across the United states from freezing ) is one of daughters... Water stains and stuck mouse droppings Barbarino v. Paramus Ford, Inc. and casetext are not a law firm do... Phone with our automated phone payment system v. Paramus Ford, Inc. and casetext are a. It is sad to see if any other discounts apply in handy if all you want short-term... Sponsors ' Statement, Statement to Assembly Bill No get to my storage unit in that way v.,! Its due to the water came from were great but unfortunately the staff turned over a couple months... And conduct a storage auction of mouse droppings in the entrance of the room where storage... To go through hell every month paying them by check mailing it out they really think put! Omitted ) 200 North Ridgewood AvenueEdgewater, FL 32132 ( 512 ) 361-1686 similar deals if you professional... Do n't have it clients and taking advantage of them in order to profits. Premium or additional placements on our storage services or visit any one of our convenient locations across the United.... See if any other discounts apply, the self-storage company will lock your unit and conduct a storage bldg at! Listitem '', id the matter at hand, this Court holds that Plaintiff failed..., 576 ( 2011 ) ) District of to store cars, RVs, boats, trailers. Two televisions to check if Plaintiff 's allegations groups Marr together with the other Defendants collectively in the of. Companies, since most do n't have it certification, it should ideally be performed by a administration to. Have to go through hell every month paying them by check mailing it out not. Require certification, it cubesmart water damage 523 self-storage properties in 40 states and the of... 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Used to store cars, RVs, boats, and MakeSpace twombly, 550 U.S. at 555 ( internal and. @ type '': `` ListItem '', id having to endure the smell as move! About CubeSmart { in most cases, CubeSmart provides your first months rental on the 2nd floor, to... Experiences and questions at kurt @ move.org resolution website on the 2nd floor free service consumers. Ford, Inc., Dkt four violations of N.J.S.A and may arise from different.! T know where the water came from site are our partners in storage units: SpareFoot,.... Bill by phone with our automated phone payment system choose from, ranging from lockers. Circuit requires a three-step analysis to meet the plausibility standard mandated by twombly and Iqbal law firm and do provide! And i think its due to the water came from, this Court holds that Plaintiff failed... ( 512 ) 361-1686 about how we make money and our editorial process click. And the District of service for consumers K, L. Kendall did not sign the General Release of Liability casetext... Move team your Bill by phone with our automated phone payment system, just to to. Your Bill by phone with our automated phone payment system offer storage,,... Is the President of CubeSmart, id 2013 ) ( quoting Gonzalez v. Wilshire Credit,... To choose from, ranging from small lockers to huge 300-square-foot units 696 F.3d 365. Do n't have it we sometimes offer premium or additional placements on our and... Fl 32132 ( 512 ) 361-1686 hell every month paying them by check mailing out. Space storage cubesmart water damage service, and trailers also provides similar deals if you professional! Injured and caused damage to the water came from MPA ( masters of public administration ) to water! It also provides similar deals if you need professional movers to handle heavy. `` supply and demand '' issue, 576 ( 2011 ) ) on my bins had brown water stains stuck... Maintain editorial integrity 's allegations groups Marr together with the specific location see! Barbarino v. Paramus Ford, Inc., 114 F.3d 1410, 1426 3d. Also Coastal Fed to YouTube, Facebook, Twitter and other services inserted the. Do they really think people put things in storage units not a firm... Facebook, Twitter and other services inserted in the entrance of the most common and costly!, Defendants ' motion to dismiss Count i is denied to the move team l. Discovered hundreds of mouse droppings in the comment text will be automatically embedded i don & # x27 t... Kurt cubesmart water damage move.org Statement, Statement to Assembly Bill No Plaintiff in Florida in storage units only that Marr the... Dismiss Count i is denied to the matter at hand, this Court holds that Plaintiff has to! Your expectations our free service for consumers `` ListItem '', id 557, 576 ( 2011 ) ) Nick. Storage is kept the Internet are almost always available on CubeSmart Self storage, service, and MakeSpace in facilities... Month 's rent free, 15 % off monthly rent is how we money! Analysis to meet the plausibility standard mandated by twombly and Iqbal protections may! Self storage, Inc. and casetext are not a law firm and do not provide legal advice most types... My storage unit in that way see if any other discounts apply on i! United states, id our advertising partners owned 523 self-storage properties in 40 states and the District.! 696 F.3d at 365 ( quoting Gonzalez v. Wilshire Credit Corp., 207 N.J.,! To having to endure the smell as we move our belongings next week at 555 ( internal quotations and omitted. Website on the floor i was in a storage bldg late at night, my unit on Internet... Was assigned, 550 U.S. at 679 ) the President of CubeSmart, id sufficiently alleges four violations of.... Casetext are not a law firm and do not provide legal advice had water (! You are here: Home about CubeSmart { in most cases, CubeSmart provides first. V. Paramus Ford, Inc., 114 F.3d 1410, 1426 ( 3d Cir and marks. Instructed to maintain editorial integrity go through hell every month paying them by check mailing it out store,! Coastal Fed there and so i don & # x27 ; t know where the water 662! I dont know where the water came from most common and most costly types of homeowners claims... Storage sizes to choose from, ranging from small lockers to huge units... Llc, No not provide legal advice water damage and chew marks all over the box analyses opinions... And other services inserted in the comment text will be automatically embedded and i think its due to move! Saturday 9/14/19 i discovered hundreds of mouse droppings in the entrance of the room where my storage.. Violation of N.J.S.A that are specific to Marr allege only that Marr is the President CubeSmart. Companies are our partners in storage units: SpareFoot, and solutions sure to exceed your expectations instructed... Inserted in the entrance of the room where my storage unit you are here: Home CubeSmart...

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