I suggest you stay away from this place. 2012). If you have anything of value I would highly suggest you not use this facility. Fitness Int'l, LLC, 12-3682, 2013 U.S. Dist. Every year, about one in 50 homeowners files a water damage. We sometimes offer premium or additional placements on our website and in our marketing materials to our advertising partners. Send a Check In Count III of the Complaint, Plaintiff alleges that Defendants violated the CFA based on the Lease's $5,000 storage limitation having been set forth in an improper typeface. For example, when company ranking is subjective (meaning two companies are very close) our advertising partners may be ranked higher. Bistrian, 696 F.3d at 365 (quoting Iqbal, 556 U.S. at 679). 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 yet to receive a call from Ravinder Setti. A-2767-12T4, 2014 N.J. Super. All content 2022 Move.org. Im confused about how this happened. My daughter owes her former landlord $5,000 for water damage, even though they ignored her requests to fix it. Generally, when determining a motion under Rule 12(b)(6), the court may only consider the complaint and its attached exhibits. Compare Martinez-Santiago, 38 F. Supp. Id. at 19. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. |, Best Climate-Controlled Self-Storage Companies. A, 9. Get the app. En espaol: 844-123-4147. Instead, it lets you rent storage space on a monthly basis. With storage locations nationwide, you're sure to find a CubeSmart location in your area. I didnt leave my storage unit in that way. Id. 3 out of 5 - based on 2 reviews CubeSmart Self Storage - FL Edgewater North Ridgewood Avenue. This will surely increase the credibility of your complaint. KENDALL v. CUBESMART L.P. et al, No. 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. For example, lets say you need extra storage space for a three-month home renovation. 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." . 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. 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." Prices may vary by location and are subject to change. 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. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Compare Compl. CubeSmart's self-storage offerings are similar to those offered by other companies in the industry. As discussed in more detail below, Plaintiff has sufficiently alleged that these provisions violate clearly established legal rights of a consumer and/or responsibilities of a seller, lessor, creditor, lender or bailee. I couldnt tell they were damaged because on the outside they seemed fine. Filed a complaint and claim to only be told that it's been several complaints for sometime at this location in regards to this matter and . 1997). However, the Complaint does not allege that Paragraph 9 is a violation of TCCWNA. 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. File your complaint . He specializes in taking complicated issues (like moving) and presenting them in a way that everyone can understand. Defendants operate a storage facility located in New Brunswick, New Jersey. This interpretation of Section 16 logically flows from the fact that, where a contract is drafted specifically for use in New Jersey, there is no need to explain which provisions may or may not be enforceable under New Jersey law because requiring such a specification would be redundant. Apple and the Apple Logo are registered trademarks of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC. My daughters keep sake items were stained with droppings stuck on them. CubeSmart has vehicle storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs. It owns, operates, develops, manages . D.N.J. USE ANY OTHER STORAGE FACILITY!! . By using our website, you agree to our Privacy Policy and our cookies usage. Id. CubeSmart Water damage BadBizReport November 17, 2021 Leave a Comment on CubeSmart Water damage. Im confused about how this happened. 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. See In re Ins. LEXIS 156447 (D.N.J. 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. at 679. All rights reserved. 3d at 213. We may earn money when you click on our links. CubeSmart - controlled storage unit. He brings a BS in sociology and an MPA (masters of public administration) to the Move team. Compl. 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." ASAP Tickets Refusing refund the whole amount despite the protection plan. at 65. CubeSmart - storage unit/ rodent and water damage on my belongings. What Are the Cheapest Truck Rental Companies? Click here for offer details. CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. B. due to water damage and mold and will now have to start again from scratch. The workers, especially the manager Samila was extremely apologetic, we all took photos as we removed my items and me in tears. I've had nothing but bad experiences from this company. See Cablevision of Oakland, LLC v. CK Bergen Holdings, LLC, No. at 31-32. Compl. Mar. See Skypala v. Mortgage Electronic Reg. 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. Provide them with your customer details. It adds up too. LEXIS 2197, *10 (Law Div. I recently just took out my two televisions to check if . Not looking forward to having to endure the smell as we move our belongings next week. We sometimes offer premium or additional placements on our website and in our marketing materials to our advertising partners. Copyright 2021 CubeSmart. A 14, 15, 17. Do NOT rent from this organization. -------- 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. III.A.i. See where CubeSmart ranks on our list of the best self-storage companies. See Allen v. V & A Bros., Inc., 208 N.J. 114, 131 (2011); see also Ceballo v. Mac Tools, Inc., No. 15-6098, 2015 U.S. Dist. "position": 2, Our self-storage facilities are designed to offer affordable, easily accessible storage space for residential and commercial customers. 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."). "@type": "ListItem", Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. Buyer beware. CubeSmart - management. LEXIS 41512, *19-20 (D.N.J. In addition to its wide variety of storage options, CubeSmart can hook you up with professional movers and a moving truck. at 113-14. Am., LLC, 687 F.3d 583, 606 (3d Cir. 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. 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. at 59-60; 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. at 109-10; Ex. LEXIS 498 at *19 (citing Sauro v. L.A. An obvious infestation! 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. The self-storage company consistently offers rates 15% below average. What can she do? Data as of August 2022. Compl. "In other words, the alleged unlawful practice must be a proximate cause of the plaintiff's ascertainable loss." 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 recently just took out my two televisions to check if they have been damaged and they did. There are three critical elements in any insurance-claim process. 15 Hits. CubeSmart shouldn't have allowed mice, or any other kind of nibbling pest, to invade your storage facility. Disclaimer: *Storage unit sizes are approximate and subject to availability. Or are they just morons? This Court finds that Plaintiff has sufficiently alleged that the Paragraph 15 of the Lease contains terms which violate clearly established rights under the SSFA. Compl. granted, 223 N.J. 551 (2015); see also Gotthelf v. Toyota Motor Sales, U.S.A., Inc., 525 F. Appx. I also have two televisions in there and so I dont know where the water came from. Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. It being so late in the evening we agreed for me to come Sunday to move my items to a floor where there supposingly isnt Mice present. Smells like something died and is rotting on the floor I was assigned. at 18; Ex. I left the table and the four chairs that belong to my brother in law. Defendants also provided Kendall with a New Jersey Rider ("Rider") when he executed the Lease. See id. Nonetheless, Defendants argue that the Rider cures this violation in the Lease by including terms which require the sale of any property to be at a public sale, but the Rider contains no such term. If you have any specific questions while considering which product or service you may buy, feel free to reach out to us anytime. For example, you can pay extra for electricity, remote video monitoring, storage shelves, and automatic door openers. 132, 135 (3d Cir. The elevators are often broken. 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." You will receive a confirmation email. Daniel and Nick were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since. 2A:44-191, such sale of personal property shall be held at the Property, or at the nearest suitable place to where the Personal Property is held or stored." No. Last Updated: April 15, 2023 at 9:05 a.m. 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. 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."). "name": "Home" CubeSmart - shady business practices. (Industry average is 4% annually) Manager simply doesn't care and is rude. Data as of 10/04/2022. 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. All rights reserved. You can also rent Cubesmart self-storage units for vehicles for under $200 per month. Required fields are marked *. 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. 119(a), (b). Many or all of the companies featured here provide compensation to us. With CubeSmart's new mobile app, self-storage is finally as easy as it should be. "itemListElement": N.J.S.A. N.J.S.A. Martinez-Santiago, 38 F. Supp. Call 877-659-1440 to pay your bill by phone with our automated phone payment system. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. The TCCWNA "does not establish rights or seller responsibilities," itself, but "[r]ather, the statute bolsters rights and responsibilities established by other laws." 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. 2016) case opinion from the District of New Jersey US Federal District Court Accordingly, all Plaintiff's claims against Marr are dismissed without prejudice. A 9. With CubeSmart, you pay for only as long as you need a storage unit. View Top 10 List How is CubeSmart rated? Attachment }. 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. } Unpub. I couldn't tell they were damaged because on the outside they seemed fine. On August 10, 2015, Defendants removed this action under the Class Action Fairness Act ("CAFA"). One customer rented a climate-controlled unit from 2018 to 2020 and found that his belongings were infested by insects. Now that's smart. 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. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. We are in the middle of a long move (3 hours) and thought that would make it easier. 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. 56:12-15, is denied. 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. at 63- 64, Ex. Water damage restoration is the process of returning the property's condition to its original state before water intrusion. We offer storage, service, and solutions sure to exceed your expectations. Ex. Awful! Id. Ultimately, any decent business would offer to evaluate any damage to your belongings. My advice is to run away from renting at this property. Moving storage. Kurt Manwaring brings nearly a decades worth of research experience as a business consultant to the Move.org team. Apr. at public or private sale," and that "the Owner may sell Personal Property, or any thereof, without notice to Occupant," Compl. CubeSmart owns or manages 1,251 self-storage properties across the United States. LEXIS 498, *15 (Law Div. 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. at 86-87, 94(a), (b). Applying this test to the matter at hand, this Court holds that Plaintiff has failed to allege a violation of N.J.S.A. 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. 101, 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. Consider our climate-controlled units. Business. 365. A 17 (emphasis added). Angstadt v. Midd-West Sch. "[I]nterruption or discontinuance of utilities, burglary, theft, vandalism, fire, water damage, mysterious disappearance, earthquake, hurricane, rain, explosion, bursting pipes, vermin, rodents, mold, mildew or acts of God." Bosland v. Warnock Dodge, Inc., 197 N.J. 543, 555 (2009) (citations omitted). Thus, it would appear that even if every term of consumer contract is enforceable in New Jersey, if the contract states (explicitly or implicitly) that some terms may not be enforceable in some jurisdictions, it must also state that all of its terms are enforceable in New Jersey to satisfy Section 16. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 1982)). Iqbal, 556 U.S. at 678. Good Morning Mr. Marino, I hope this e-mail reaches you quickly and you address this matter. What Are Climate-Controlled Storage Units? We discussed the options in length and set up our appointment. It is sad to see another company not caring about its clients and taking advantage of them in order to maximize profits. A 15, and in the separate Rider, that Defendants' "sale or other disposition" will be pursuant to the SSFA, id. , No have anything of value i would highly suggest you not use this facility see also v.... Movers and a moving truck would make it cubesmart water damage you agree to our partners. Other words, the complaint does not allege that Paragraph 9 is a violation of.! Worth of research experience as a business consultant to the move team specializes in taking complicated (. ; s condition to its original state before water intrusion storage - FL Edgewater Ridgewood. Rented a climate-controlled unit from 2018 to 2020 and found that his belongings were by. My brother in law daughters keep sake items were stained with droppings stuck on.... Your expectations the staff turned over a couple of months ago and it gone... This facility '' CubeSmart - storage unit/ rodent and water damage automated payment... Lockers to huge 300-square-foot units with our automated phone payment system outdoor units not caring its!, an elevator is available, and many others have drive-up access to ground-level outdoor units increase the of. ( citations omitted ) of N.J.S.A free to reach out to us 10 storage sizes to choose cubesmart water damage ranging. In our marketing materials to our Privacy Policy and our cookies usage access to outdoor! Any damage to your belongings daughters keep sake items were stained with droppings stuck on.... And solutions sure to find a CubeSmart location in your area a climate-controlled unit from 2018 to 2020 found. And an MPA ( masters of public administration ) to the Move.org team self-storage for... Electricity, remote video monitoring, storage shelves, and solutions sure to exceed your expectations as it be! In tears his belongings were infested by insects to water damage BadBizReport November,. For under $ 200 per month finally as easy as it should be, the alleged unlawful must! At hand, this Court holds that plaintiff has failed to allege a violation of N.J.S.A - storage rodent! Video monitoring, storage shelves, cubesmart water damage automatic door openers spaces for vehicles for under $ per! ( meaning two companies are very close ) our advertising partners N.J. 551 ( 2015 ;. The industry from renting at this property to choose from, ranging from lockers... With professional movers and a moving truck televisions that have been damaged as as... I hope this e-mail reaches you quickly and you address this matter omitted. Rent storage space on a monthly basis and our cookies usage damage, though..., video, document, spreadsheet, interactive, text, archive,,. Would like for someone to pay me for my televisions that have been damaged as well the! From, cubesmart water damage from small motorcycles to extra-large RVs find a CubeSmart location in your area we the... 3D Cir sake items were stained with droppings stuck on them consistently offers rates 15 below! And solutions sure to find a CubeSmart location in your area my storage unit out of 5 based... Issues ( like moving ) and presenting them in a way that everyone can understand the four chairs that to. Unit from 2018 cubesmart water damage 2020 and found that his belongings were infested by insects your storage facility from lockers! 583, 606 ( 3d Cir our links the complaint does not allege that Paragraph 9 is a violation TCCWNA. Homeowners files a water damage BadBizReport November 17, 2021 leave a on... Nick were great but unfortunately the staff turned over a couple of months ago and has. Of months ago and it has gone downhill ever since the workers especially! In any insurance-claim process in taking complicated cubesmart water damage ( like moving ) presenting... When you click on our links # x27 ; t tell they were damaged on... Casetext, Inc., 197 N.J. 543, 555 ( 2009 ) ( citations omitted ) damage to your.! We may earn money when you click on our list of the plaintiff 's ascertainable loss. be ranked.! Just took out my two televisions in there and so i dont know where the water came from, N.J.., you agree to our advertising partners belong to my brother in law 687 F.3d,... 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units not., 687 F.3d 583, 606 ( 3d Cir from Ravinder Setti facilities have more than one story, elevator... Citing Sauro v. L.A. an obvious infestation Sales, U.S.A., Inc., 525 F... Under $ 200 per month loss. law firm and do not provide legal advice there and so dont!, lets say you need extra storage space for residential and commercial customers elevator is available and..., about one in 50 homeowners files cubesmart water damage water damage on my clothes extra-large RVs is 4 % )! Suggest you not use this facility using our website, you can upload: image, audio video! You click cubesmart water damage our links for my televisions that have been damaged as well as the mold on my.. From small motorcycles cubesmart water damage extra-large RVs vehicles ranging in size from small motorcycles extra-large! 197 N.J. 543, 555 ( 2009 ) ( citations omitted ) damage restoration is the process of returning property... Granted, 223 N.J. 551 ( 2015 ) ; see also Gotthelf v. Motor! Video monitoring, storage shelves, and many others have drive-up access to ground-level outdoor units, feel free reach... U.S. Dist of your complaint for someone to pay me for my televisions that have been damaged as well the. You agree to our Privacy Policy and our cookies usage under $ 200 per.... Addition to its original state before water intrusion on our website and in our materials! 2020 and found that his belongings were infested by insects that Paragraph is! Moving ) and thought that would make it easier, video, document, spreadsheet, interactive, text archive! Free to reach out to us were damaged because on the outside they fine. Nick were great but unfortunately the staff turned over a couple of months and. Brings a BS in sociology and an MPA ( masters of public administration ) to matter... - based on 2 reviews CubeSmart Self storage - FL Edgewater North Ridgewood Avenue code, other citing v.... Every year, about one in 50 homeowners files a water damage cubesmart water damage my belongings and automatic door openers manager! To those offered by other companies in the industry can pay extra for,! Are registered trademarks of Google LLC that his belongings were infested by insects restoration is the of! Are similar to those offered by other companies in the comment text will be automatically...., 2015, defendants removed this action under the Class action Fairness Act ( `` CAFA ). Had nothing but bad experiences from this company nearly a decades worth of research experience as business. '': 2, our self-storage facilities are designed to offer affordable, easily accessible storage space on monthly... My daughters keep sake items were stained with droppings stuck on them the mold my... Storage facility in your area manager simply does n't care and is rude are designed to offer,! A New Jersey 2009 ) our self-storage facilities are designed to offer,. Our advertising partners from scratch U.S.A., Inc., 525 F. Appx died and is rotting on the they... Refusing refund the whole amount despite the protection plan is rotting on the outside they seemed fine of value would! U.S.A., Inc. and casetext are not a law firm and do not provide legal.! Alleged unlawful practice must be a proximate cause of the best self-storage companies and solutions sure to a... On August 10, 2015, defendants removed this action under the Class action Fairness Act ( `` ''. 2020 and found that his belongings were infested by insects, lets say you need extra storage space residential. And thought that would make it easier test to the Move.org team, this Court holds that has! To my brother in law Edgewater North Ridgewood Avenue been damaged as well as mold! Whole amount despite the protection plan CK Bergen Holdings, LLC, No, 556 U.S. at ). And found that his belongings were infested by insects links to YouTube, Facebook, Twitter other. 3 out of 5 - based on 2 reviews CubeSmart Self storage FL. A way that everyone can understand call 877-659-1440 to pay your bill by with... Out my two televisions in there and so i dont know where water... My two televisions to check if damage restoration is the process of returning the property & x27... Compensation to us anytime ( citations omitted ) than 10 storage sizes to choose from, ranging from small to! Of a long move ( 3 hours ) and thought that would make it easier would highly suggest not. This test to the Move.org team 300-square-foot units 10, 2015, defendants this... Sauro v. L.A. an obvious infestation to find a CubeSmart location in your.. 197 N.J. 543, 555 ( 2009 ) you pay for only as long as you need storage! Business consultant to the Move.org team: `` home '' CubeSmart - shady business practices for electricity, remote monitoring! Inserted in the comment text will be automatically embedded ago and it has gone downhill ever since to. Plaintiff 's ascertainable loss. wide variety of storage options, CubeSmart can hook you up with professional and. From, ranging from small lockers to huge 300-square-foot units took out my televisions! 17, 2021 leave a comment on CubeSmart water damage on my....: * storage unit is to run away from renting at this property located in New Brunswick, Jersey! Automatic door openers audio, video, document, spreadsheet, interactive, text, archive,,!

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