at 30; Ex. Bistrian v. Levi, 696 F.3d 352, 365 (3d Cir. How Much Does It Cost to Rent Space in a Storage Facility? The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. They know most people don't want to have to move all their stuff out so they get away with it. Similarly, with respect to Defendants' argument that the Rider cures the Lease's provision which allows a sale to occur without notice, Defendants cannot point to any such provision in the Rider. I didn't leave my storage unit in that way. 541, and, therefore, any "right" implicated by this provision of the Lease would belong to the bankruptcy estate and not Plaintiff as the debtor. My wedding dress box had water damage and chew marks all over the box. We use cookies to provide necessary website functionality, improve your experience and analyze our traffic. At Move.org, we offer financial assistance to individuals and families who are moving in exchange for details about their experience. See Allen v. V & A Bros., Inc., 208 N.J. 114, 131 (2011); see also Ceballo v. Mac Tools, Inc., No. LEXIS 119810, *15-16 (D.N.J. My unit was broken into in Jan 2023 because they didn't fix the front locks for months. 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 should be automatic on your credit card. 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. at 59-60; Ex. Average CubeSmart self-storage prices for automobiles are around $180 per month. Civil Action No. No. Data as of 10/04/2022. 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. Id. My Mattress cover had holes and torn from these rodents. 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." Save my name, email, and website in this browser for the next time I comment. CubeSmart - storage unit/ rodent and water damage on my belongings. 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 A 17, constitutes an ipso facto clause in violation of the Bankruptcy Code, 11 U.S.C. You must have insurance to store your belongings at a CubeSmart facility. KENDALL v. CUBESMART L.P. et al, No. We scheduled to come move into the 10 X 30 Unit on July 27. The storage facility sells moving supplies and packing materials, including moving boxes, bubble wrap, and packing tape. See Castro, 114 F. Supp. 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." Nov. 19, 2015). "itemListElement": 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. Id. 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." To that end, you should know that many advertisers pay us a fee if you purchase products after clicking links or calling phone numbers on our website. Neither of my televisions is turning on and I think its due to the water. See Kendall v. CubeSmart L.P., et al., No. 2015). 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. at 13-15. 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. 2A:44-193, L. 2013, c. 128, 3, eff. See id. On September 9, 2015, Plaintiff filed a motion to remand, which this Court denied on November 19, 2015. 1982) (quoting House Report No. To only have recently stop by and see the damage from water. By letter dated February 9, 2015, Defendants responded to Kendall's demand by highlighting that Kendall had declined to participate in CubeSmart's Property Guard program, as indicated in Section 2 of the Property Guard form, which stated that "[t]he most the Owner will pay for loss of or damage to your property under this program is $0," and that the Lease required Kendall to not store more than $5,000 of personal property in the storage unit. Partners may influence their position on our website, including the order in which they appear on the page. 272, 276 (Bankr. Your email address will not be published. 56:12-16, and those claims are dismissed without prejudice. at 39, 46-47. ET First Published: April . They don't care to take any action. 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. And while its not available in as many locations as some of our other top storage picks, you can still find CubeSmart in more places than most mom-and-pop shops. It also provides similar deals if you need professional movers to handle the heavy lifting. The claims against Defendant Marr will be analyzed separately, infra. 2d 256, 268 (D.N.J. 's K, L. Kendall did not sign the General Release of Liability. 11, 2014) ("It is well-settled that the phrase 'including but not limited to' is used to convey an unrestricted list of examples.") Every year, about one in 50 homeowners files a water damage. And we work together, as a team, to make fellow teammates' lives easier, too. Ultimately the choice is yours. Unpub. Co., 440 N.J. Super. If you have any specific questions while considering which product or service you may buy, feel free to reach out to us anytime. 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." Additionally, there is office space rental available in some locations. En espaol: 844-123-4147. Kurt Manwaring brings nearly a decades worth of research experience as a business consultant to the Move.org team. 56:12-16 (emphasis added). Am., LLC, 687 F.3d 583, 606 (3d Cir. Id. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. In addition to its wide variety of storage options, CubeSmart can hook you up with professional movers and a moving truck. Therefore, Plaintiff would have incurred these moving costs regardless of whether the Lease was updated or not. Current customers are able to pay online. 365, in violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. All rights reserved. 3 } 2 3. . . 15-6098 (FLW)(LHG) (D.N.J. Def. We know we can only be successful if we take your trust in us seriously! Defendants also provided Kendall with a New Jersey Rider ("Rider") when he executed the Lease. LEXIS 58144 at *4-5, 29-30). The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. Though the specific safety and accessibility features will depend on the facility, most appear to have 24/7 video recording, while many have controlled access and on-site managers. All content 2022 Move.org. Daniel and Nick were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since. CubeSmart's self-storage offerings are similar to those offered by other companies in the industry. Suggests it's a "supply and demand" issue. Section 15 of the TCCWNA provides, in relevant part, that: At the outset, Plaintiff must identify which provisions of the relevant documents he alleges violate a clearly established right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee. There are three critical elements in any insurance-claim process. Then my unit was broken into again in March 2023. No. W. Va. 2008), aff'd, 591 F.3d 308 (4th Cir. The TCCWNA was designed to combat the business practice of including terms in consumer contracts which, although ultimately unenforceable, deceive consumers into failing to enforce their rights in the first place. CubeSmart is a self-administered and self-managed real estate investment trust. See Circuit Lighting, Inc. v. Progressive Prods., No. Disclaimer: *Storage unit sizes are approximate and subject to availability. (quoting Sauro, 2013 U.S. Dist. ("The phrase 'unless prohibited by law' does not offend TCCWNA because it does not state that the provision's enforceability varies by state. N.J.S.A. See where CubeSmart ranks on our list of the best self-storage companies. Now when they are at fault for your storing your items in filthy infested storage facility, that you wont get a phone call for. In addition, the Lease included a provision in un-bolded, non-underlined text which limited the value of the property Kendall could store in the rental unit to $5,000. Kendall used his rental unit to store furniture and other personal items. Id. "position": 1, 2010). CubeSmart has the best-trained managers in the industry who are committed to delivering top-notch, unparalleled service. 89, 94(d). See Barbarino, No. See generally id. Mar. Importantly, however, the Rider is a New Jersey-specific document (albeit one attached to a multi-jurisdictional contract). For example, lets say you need extra storage space for a three-month home renovation. The process consists of inspection, extraction, dehumidification, sanitation, and reconstruction (if necessary). 2008); In re Jones, 397 B.R. 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. Salmafaisal23 on 17 November 2021 about CubeSmart in category Public Buildings & Spaces. 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." Water ruined his vinyl, but store owner gets by with a little help from his friends Sean McHenry Apr 12, 2023 "We had a fire next door and then we had a lot of flood damage due to that fire," said . See In re Ins. CubeSmart has hundreds of locations across the country. Compl. While water damage restoration usually does not require certification, it should ideally be performed by a . USE ANY OTHER STORAGE FACILITY!! We discussed the options in length and set up our appointment. For example, when company ranking is subjective (meaning two companies are very close) our advertising partners may be ranked higher. 1995)). 1982)). 2012). 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. All rights reserved. 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. But theyre too stupid to do it. 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." For one year of storage, CubeSmart self-storage can save you nearly $400 compared to other companies. You can also rent Cubesmart self-storage units for vehicles for under $200 per month. The average monthly cost of a CubeSmart self-storage unit is approximately $160. . "@type": "ListItem", storage unit/ rodent and water damage on my belongings, 16 years' experience in successful complaint resolution, Each complaint is handled individually by highly qualified experts, Last but not least, all our services are absolutely free. The workers, especially the manager Samila was extremely apologetic, we all took photos as we removed my items and me in tears. A amplifier with other stereo parts was loaded with mouse droppings all over it. |, Best Climate-Controlled Self-Storage Companies. Castro v. Sovran Self Storage, Inc., 114 F. Supp. I told the lady that it would impossible for me to get to them before 6:30 because I work until 5pm. 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. Your email address will not be published. If you have anything of value I would highly suggest you not use this facility. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. They charge so much for storage and harass you when your late, immediately charge you a lien fee and threaten you constantly with emails of an auction. Move.org analyzed over 3,500 quotes and averaged more than 135,000 reviews to list CubeSmart as one of the best self-storage companies. Jan 17, 2010 Going through an event that leads to an insurance claim can be a traumatic experience. Applying this test to the matter at hand, this Court holds that Plaintiff has failed to allege a violation of N.J.S.A. 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. Feb. 13, 2013)) (emphasis added). Need a little extra comfort for your stuff? I was trapped in the bldg for about a 1/2 hour, not able to find a staircase and not knowing the elevators were broken. The gates were closed and only the office was open. 100% in two years? CubeSmart offers a variety of customized services for an additional fee. Compl. 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. To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. Not looking forward to having to endure the smell as we move our belongings next week. Its best features include low prices and month-to-month storage contracts. 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. 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. This complaint was posted by a verified customer. Id. 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 . I also have two televisions in there and so I don't know where the water came from. See In re Blakeley, 363 B.R. With CubeSmart's new mobile app, self-storage is finally as easy as it should be. 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. Mar. Myska v. New Jersey Mfrs. Lets see! Walters, 2016 N.J. Super. Co. v. Amana Refrigeration, Inc., 63 F.3d 262, 280 (3d Cir. 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. } See generally id. I have wet stains on my boxes and mold on my sheets in my storage unit. See Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. Business Hours On March 21st, 2023, I got to the CubeSmart in Queens, NY on Cooper St and was not able to reach my storage unit. My advice is to run away from renting at this property. 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."). at 46-48. 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." The following facts are drawn from the Complaint and attached exhibits, and are assumed to be true. 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. Business. Watkins v. DineEquity, Inc., 591 F. Appx. Our content is free because we may earn a commission when you click or make a purchase using our site. 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. The unit itself at 81 Cove Street in New Bedford MA is clean and provides carts for moving personal property. . I have yet to receive a call from Ravinder Setti. Make online payments anytime. Bell Atl. A 17 (emphasis added). Attachment 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." Co., 188 N.J. Super. What Are the Cheapest Truck Rental Companies? 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." "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . Last Updated: April 15, 2023 at 9:05 a.m. ASAP Tickets Refusing refund the whole amount despite the protection plan. Instead, Paragraph 14 unequivocally states that a private sale may occur: "Owner may sell the Personal Property, or any part thereof, without notice to Occupant, at public or private sale in the manner permitted by applicable law," Compl. In re Rose, 21 B.R. Plus, the storage company typically offers several discounts, including deals for military members and college students. Holiday and seasonal promotions. So its a solid pick if you want to save money and can find nearby locations. (Industry average is 4% annually) Manager simply doesn't care and is rude. --------. One of my daughters bikes had a hole on the chair to sit on. at 61-63; Ex. SATURDAY 9/14/19 I discovered hundreds of mouse droppings in the entrance of the room where my storage is kept. at Ex. Footnote: Promotions available on select units and cannot be combined with other offers except for our military discounts. BER-L-6105-15 at *7 (Law Div. CubeSmart has vehicle storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs. at 119(a), (b), and treble damages. 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. The Bankruptcy Code provides that an unexpired lease of a bankruptcy debtor: Defendants argue that there is no consumer right at issue with respect to this provision, since the filing of a bankruptcy petition operates to create a bankruptcy estate, 11 U.S.C. As a national owner and operator, we continually enhance our business by applying our management expertise and best practices to each facility. MID-L-3867-15. and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. I couldnt tell they were damaged because on the outside they seemed fine. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Although the airport is surrounded by retention ponds designed to . CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. 225, 231 n.8 (Bankr. My daughters keep sake items were stained with droppings stuck on them. 's A-795-15; A-796-15. I. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. 15 Hits. See Sponsors' Statement, Statement to Assembly Bill No. Id. Other restrictions, taxes, fees, and insurance requirements may apply. A 14. Lifestyle. They are completely incompetent. I left the table and the four chairs that belong to my brother in law. B 3. CubeSmart - controlled storage unit. 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. N.D. Ga. 1990) ("Ipso facto clauses automatically terminate the lease or permit the lessor to terminate, at his option, in the event of bankruptcy or some other insolvency event."). 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. He would love to hear about your moving experiences and questions at kurt@move.org. Copyright 2021 CubeSmart. Cf. Any reference in this website to third party trademarks is to identify the corresponding third party goods and/or services.