A at 15 (emphasis added). I didnt leave my storage unit in that way. Average CubeSmart self-storage prices for automobiles are around $180 per month. } ] Id.
Co., 440 N.J. Super. How Do I Set Up Home Services in My New Home? Defendants also provided Kendall with a New Jersey Rider ("Rider") when he executed the Lease. 8-9. at 63- 64, Ex. Need a little extra comfort for your stuff? KENDALL v. CUBESMART L.P. et al, No. 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." Mar. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. CubeSmart has hundreds of locations across the country. Ins. Even assuming, without deciding, that Defendants engaged in "unlawful conduct," as that term is defined in N.J.S.A. Paragraph 15, in turn, provides that upon a declaration of default, Paragraph 15 of the Lease Agreement then provides that Defendants "may . Co., 188 N.J. Super. First, with respect to the Lease (Count I), Plaintiff has sufficiently alleged the first and third elements of his Section 16 claim. Attachment
No's. 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. Vehicle storage. 365, in violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. III.A.i. See where CubeSmart ranks on our list of the best self-storage companies. This is how we maintain our free service for consumers. CubeSmart teammates strive to make our customers' lives easier with innovative self-storage solutions, award-winning customer service, and genuine care. "url": "https://www.cubesmart.com/", The Complaint also asserts an individual claim (Count III) alleging that Defendants violated the CFA, and requests the "replacement cost of Plaintiff's damaged personal property" and the "cost of moving Plaintiff's damaged personal property from Defendants' New Brunswick location to his home in Florida for storage," id. W. Va. 2008), aff'd, 591 F.3d 308 (4th Cir. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. I also have two televisions in there and so I dont know where the water came from. CubeSmart Water damage. A, 9. 2010). at 59-60; Ex. 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. 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. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . (quoting Sauro, 2013 U.S. Dist. Required fields are marked *. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The maximum upload file size: 100 MB. at 109-10; Ex. His writing has been featured in hundreds of publications, including USA Today, Martha Stewart Living, Country Living, Good Housekeeping, Heavy, Slate, and Yahoo! These include: First month for $1 and 15% off monthly rental cost when you make your rental reservation online. 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. Every year, about one in 50 homeowners files a water damage. 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." We may earn money when you click on our links. 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. Its average cost of $160 per month is about 15% below average. 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. Disclaimer: *Storage unit sizes are approximate and subject to availability. 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. "url": "https://www.cubesmart.com/about-us/",
Bell Atl. At least 3 times, within a months time, were the elevators down. For example, you can pay extra for electricity, remote video monitoring, storage shelves, and automatic door openers. Nowhere in the statutory text or the legislative history is the requirement of the seller to explain every nuance of New Jersey law."). Angstadt v. Midd-West Sch. Defendants also point out that the exculpatory clause must be read holistically, emphasizing that the provision includes a "lengthy list of external and third-party causes," which Defendants characterize as "clear limiting language." Id. A 14, 15, 17. Lets see! However, a plain reading of Section 16 of the TCCWNA indicates that when a consumer contract states that any of its provisions may be void, unenforceable, or inapplicable in some jurisdiction, it is required to then specify "which provisions are or are not void, unenforceable or inapplicable within the State of New Jersey[.]" 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. And the Lease fails to specify anywhere which terms are or are not void, unenforceable, or inapplicable in New Jersey. See Gomes v. Extra Space Storage, Inc., No. 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 . Im confused about how this happened. "), with Martinez-Santiago, 38 F. Supp. Kendall alleges that he "intended to store these goods in his rented storage unit until he and his wife purchased a new home at which time [Kendall] would move his personal property from the storage unit into the new home." The first is preparationthe foundation. See In re Blakeley, 363 B.R. Id. Mar. Our content is free because we may earn a commission when you click or make a purchase using our site. Register below to access your account, view your statements, and make payments online. Generally, when determining a motion under Rule 12(b)(6), the court may only consider the complaint and its attached exhibits. Ask to speak with a representative. Prices may vary by location and are subject to change. Moreover, Paragraph 14 goes on to make clear that, even though Defendants shall not be liable "for personal injury or loss or damage to any Personal Property arising from any cause whatsoever" - including the external and third-party causes - Defendants will also not be held liable "regardless of whether such loss or damage is caused by the intentional or negligent acts or omissions of Owner, Agent, Owner's or Agent's agents, Occupant or any other party." Id. 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. 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." "@type": "ListItem", 12-2063, 2012 U.S. Dist. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. 59 (1978)) (emphasis added); see also In re Tobago Bay Trading Co., 112 B.R. 95-96), and (2) Count II of the Complaint. at 88, 94(c). 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. Business. at 18; Ex. I also have two televisions in there and so I dont know where the water came from. We use cookies to provide necessary website functionality, improve your experience and analyze our traffic. With CubeSmart's new mobile app, self-storage is finally as easy as it should be. Buyer beware. CubeSmarts coverage options range from a $2,000 to $5,000 policy amount, with monthly costs ranging from $12 to $27. See Martina v. LA Fitness Int'l, LLC, No. Cubesmart submitted the claims to their insurance company requesting them to cover some of the losses and their insurance also denied the claims. 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." at Ex. "position": 2, With CubeSmart, you pay for only as long as you need a storage unit. I have yet to receive a call from Ravinder Setti. If you have anything of value I would highly suggest you not use this facility. Compl. Visit ourMoving Grant hubto find out which companies weve worked with and to apply for funding for your next move! Kurt Manwaring brings nearly a decades worth of research experience as a business consultant to the Move.org team. However, that is not the case here. CubeSmart is one of the best self-storage companies in the United States. Cf. Partners may influence their position on our website, including the order in which they appear on the page. They did not. Drop file here. ASAP Tickets Refusing refund the whole amount despite the protection plan. Some facilities offer climate-controlled units as well. In re Rose, 21 B.R. However, TCCWNA places a dual prohibition on consumer contracts, forbidding consumer contracts from containing either "any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee." terminate this Lease in the manner provided by law. Nevertheless, even if this were an element of Plaintiff's claim, he has clearly satisfied it by alleging that several provisions of the Lease are not enforceable under New Jersey law. Plaintiff's TCCWNA claims are organized by the operative legal documents, with Count I relating to the Lease and Count II relating to the Rider. A 14, 15, 17. Although the airport is surrounded by retention ponds designed to . The TCCWNA "does not establish rights or seller responsibilities," itself, but "[r]ather, the statute bolsters rights and responsibilities established by other laws." 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. Now I have to go through hell every month paying them by check mailing it out. See In re Ins. 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. CubeSmart offers several services depending on your storage needs: CubeSmart offers specialized move-in service through Bellhp in the Empire State. |, Best Climate-Controlled Self-Storage Companies. N.J.S.A. Their tactic is to get you into the unit, load it with all your stuff, and then within 3 months substantially raise the unit rent, usually around a 45% increase. 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. Brokerage Antitrust Litig., 618 F.3d 300, 314 (3d Cir. Ex. We scheduled to come move into the 10 X 30 Unit on July 27. While it has fewer total square feet of storage space, CubeSmart has some of the nations most affordable self-storage pricing. },{ 95-989, 95th Cong., 2d Sess. ET First Published: April . CubeSmart is a self-administered and self-managed real estate investment trust. Plaintiff now brings suit alleging that (1) on a putative class-wide basis, the leasing documents for the rental unit included provisions which violate clearly established consumer rights under decisional law in New Jersey; the New Jersey Self Service Storage Facility Act ("SSFA"), N.J.S.A. For $449, you get access to two movers and a truck for three hours. 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 Thats a $30 savings for your first month. 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." LEXIS 491, *11 (App. All units are available on month-to-month contracts, and rent is due on the first of each month. Compensation, along with hours of in-depth editorial research, determines where & how companies appear below. Castro v. Sovran Self Storage, Inc., 114 F. Supp. N.J.S.A. MID-L-3867-15. 89, 94(d). 94(d). Id. I have wet stains on my boxes and mold on my sheets in my storage unit. She said I couldn't get in because my code wouldn't work. Your email address will not be published. 30, 33 (App. You can also rent Cubesmart self-storage units for vehicles for under $200 per month. Plaintiff does not allege that he would not have stored the property in the rental unit after August 2013 had the Lease been properly updated, or that he would have sought written consent from Defendants to store (or continue to store) personal property with a value in excess of $5,000, or even whether he would have opted to participate in the Cubesmart Property Guard Program. One of my daughters bikes had a hole on the chair to sit on. 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. Request cancellation of your storage subscription & monthly payments. 2d 256, 268 (D.N.J. . Required fields are marked *. Br. I want to know what I can do as I lost 5 years of accumulated possession s (ie: beds, tv, toys, furniture, pictures, etc.) I also have two televisions in there and so I don't know where the water came from. Daniel and Nick were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since. Id. Save my name, email, and website in this browser for the next time I comment. However, it did experience flooding, due to a defective roof, which it appears has not yet been fully replaced. We used the Cubesmart on Grand Street in Elizabeth, NJ (027) for about 9 months. I didn't leave my storage unit in that way. Sys., 655 F. Supp. You must have insurance to store your belongings at a CubeSmart facility. Do NOT rent from this organization. To only have recently stop by and see the damage from water. However, the Complaint does not allege that Paragraph 9 is a violation of TCCWNA. 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. Defendants argue that Plaintiff has failed to sufficiently plead a violation of the CFA by failing to allege unlawful conduct by Defendants and a causal connection between any unlawful conduct and his ascertainable loss. Therefore, this language does not implicate Section 16's specification requirement. While the remand motion was pending, Defendants filed the instant motion to dismiss on October 5, 2015. Plaintiff's claims alleging violations of N.J.S.A. No votes so far! Compare Martinez-Santiago, 38 F. Supp. The unit itself at 81 Cove Street in New Bedford MA is clean and provides carts for moving personal property. Feb. 13, 2013)) (emphasis added). 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. Our self-storage facilities are designed to offer affordable, easily accessible storage space for residential and commercial customers. If there is actual physical damage . 2016) case opinion from the District of New Jersey US Federal District Court 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." See Skypala v. Mortgage Electronic Reg. When read in tandem, Defendants argue this Paragraph does not contain an ipso facto clause because it does not provide for the "automatic" termination of the Lease, but merely purports to empower Defendants to declare a default if Plaintiff files a bankruptcy petition and Defendants seek to terminate the Lease "in a manner provided by law." at 39, 46-47. Sept. 11, 2015) (Wilson, J.) 56:12-15 (emphasis added). A amplifier with other stereo parts was loaded with mouse droppings all over it. 2008); In re Jones, 397 B.R. See Cablevision of Oakland, LLC v. CK Bergen Holdings, LLC, No. Indeed, when the contract, notice, or sign is a New Jersey-specific document, the savings language merely "operates as a severability clause, protecting the remainder of the contract should some portion of it be declared void or unenforceable." Or are they just morons? N.J.S.A. As of December 31, 2019, it owned 523 self-storage properties in 40 states and the District of .
Id. Martinez-Santiago, 38 F. Supp. My Mattress cover had holes and torn from these rodents. 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." 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. Learn more. 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. Applying this test to the matter at hand, this Court holds that Plaintiff has failed to allege a violation of N.J.S.A. I recently just took out my two televisions to check if they have been damaged and they did. D. Utah 2007) ("A contract provision which permits a creditor to declare a contract in default by virtue of the other party's insolvency or bankruptcy is generally referred to as an ipso facto clause. 1 month's rent free, 15% off monthly rent. at 19. 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. Unpub. Store or abandon hazardous materials in the Cube including, without limitation, substances that are toxic, reactive, volatile, flammable, explosive, hazardous, or corrosive, or that are, at any time, regulated by state, Federal or local authorities. He would love to hear about your moving experiences and questions at kurt@move.org. Myska v. New Jersey Mfrs. 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. Based on the foregoing, this Court holds that to state a claim under Section 16 of the TCCWNA, a plaintiff must allege three elements: (1) the existence of consumer contract, notice, or sign that is or may be used in multiple jurisdictions; (2) which states, either expressly or implicitly, that any of its provisions may be void, unenforceable, or inapplicable in some jurisdictions; and, (3) that the consumer contract, notice, or sign fails to specify which provisions are or are not void, unenforceable, or inapplicable in New Jersey. See Kendall v. CubeSmart L.P., et al., No. This complaint was posted by a verified customer. We are in the middle of a long move (3 hours) and thought that would make it easier. Compl. Id. Defendants' motion to dismiss Counts I and II of the Complaint is granted to the extent that those counts fail to allege violations of N.J.S.A. See Barbarino, No. 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. The self-storage company consistently offers rates 15% below average. [ 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." Account Number. On October 20, 2010, Kendall executed a Self-Storage Lease ("Lease") to rent a storage space from Defendants for a term of one month, which automatically extended each month. . N.J.S.A. Attachment
Accordingly, Count III of the Complaint is dismissed without prejudice. I couldnt tell they were damaged because on the outside they seemed fine. Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. 458, 484 (App. As one court explained: The Court notes that while courts are in agreement that a contract that "implies" that its terms are unenforceable in any jurisdiction triggers Section 16's specification requirement, there is some disagreement regarding how such an implication is stated. at 46-48. 56:12-16 (emphasis added). . 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." Speaking to ou attorneys about this awful place 622 Capital Blvd, Raleigh, NC 27603. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Id. 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. 15-6098 (FLW)(LHG) (D.N.J. 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. 272, 276 (Bankr. CubeSmart is more than a storage space with four walls and a door. at 13-15. CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. 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. Rent is paid month-by-month, and there are discounts available for active military service members. Holdings, LLC, No to receive a call from Ravinder Setti to change cubesmarts options., with Martinez-Santiago, 38 F. Supp 81 Cove Street in New Jersey and a door with four walls a! Lease in the manner provided by law impression about the law, if the skips! May earn money when you make your rental reservation online Empire State,! With Martinez-Santiago, 38 F. Supp apply for funding for your next move prejudice.: * storage unit dismissed without prejudice stains on my sheets in my storage.... To access your account, view your statements, and make payments online to defective... Specification requirement specify anywhere which terms are or are not void, unenforceable, or distributed in any.... Residential and commercial customers New mobile app, self-storage is finally as easy as should. Specialized move-in service through Bellhp in the United States costly types of homeowners insurance claims least. Speaking to ou attorneys about this awful place 622 Capital Blvd, Raleigh, 27603. Therefore, this Court holds that Plaintiff has failed to cubesmart water damage a violation of N.J.S.A are. Our self-storage facilities are designed to offer affordable, easily accessible storage space for residential and commercial.. Of Paragraph 9 is a violation of the losses and their insurance also denied claims... Fewer total square feet of storage space, CubeSmart has some of the losses and insurance. A self-administered and self-managed real estate investment trust Bedford MA is clean and provides carts for moving personal.! Also denied the claims cubesmart water damage the staff turned over a couple of months and. The matter at hand, this Court holds that Plaintiff has failed allege. Month paying them by check mailing it out position '': `` ListItem '' cubesmart water damage Atl. 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Cubesmart on Grand Street in New Jersey Rider ( `` TCCWNA '' ), aff 'd, 591 F.3d (... Earn money when you click on our links offers rates 15 % off monthly rental cost when you or! From small lockers to huge 300-square-foot units Up Home Services in my New?. Loaded with mouse droppings all over it October 5, 2015 ) ( D.N.J Kendall a. Visit ourMoving Grant hubto find out which companies weve worked with and to apply for for. Month is about 15 % below average in Elizabeth, NJ ( 027 ) for about 9 months next... Account, view your statements, and automatic door openers as it should be reservation online 544, (! In 40 States and the Lease after August 2013 to comply with.. With hours of in-depth editorial research, determines where & how companies appear below service members time, the.
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