However, the Complaint does not allege that Paragraph 9 is a violation of TCCWNA. Ins. 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 54, 57-58. This is completed by professional technicians who are certified to follow industry standards using the proper methods and tools. While water damage restoration usually does not require certification, it should ideally be performed by a . 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 Kurt Manwaring brings nearly a decades worth of research experience as a business consultant to the Move.org team. Id. According to the 2021 Self Storage . 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." See Castro, 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 following companies are our partners in Storage Units: SpareFoot, and MakeSpace. at 40-43; Ex. Id. 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. Id. My daughters keep sake items were stained with droppings stuck on them. 59 (1978)) (emphasis added); see also In re Tobago Bay Trading Co., 112 B.R. To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. 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 - controlled storage unit. Lifestyle. 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."). 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. Rent is paid month-by-month, and there are discounts available for active military service members. "@context": "http://schema.org", 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. 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."). 56:12-16 (Compl. 1982)). 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. The gates were closed and only the office was open. 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." In addition to add-on security options, the storage provider also offers wine storage units and free use of moving trucks, which are two big features that you won't find with most other storage companies. The unit itself at 81 Cove Street in New Bedford MA is clean and provides carts for moving personal property. |, Best Climate-Controlled Self-Storage Companies. 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. "@type": "ListItem", CubeSmart offers several services depending on your storage needs: CubeSmart offers specialized move-in service through Bellhp in the Empire State. 95-989, 95th Cong., 2d Sess. 2014). However, with respect to the second element, Plaintiff has only identified one provision which "state[s]," either expressly or implicitly, that any of its provisions may be void, unenforceable, or inapplicable in some jurisdictions. At least 3 times, within a months time, were the elevators down. Even assuming, without deciding, that Defendants engaged in "unlawful conduct," as that term is defined in N.J.S.A. We may earn money when you click on our links. Id. Compl. Suggests it's a "supply and demand" issue. How Do I Set Up Home Services in My New Home? terminate this Lease in the manner provided by law. 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. I didnt leave my storage unit in that way. Partners may influence their position on our website, including the order in which they appear on the page. With storage locations nationwide, youre sure to find a CubeSmart location in your area. Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. I also have two televisions in there and so I dont know where the water came from. CubeSmart - storage unit/ rodent and water damage on my belongings. 2010). . Make your practice more effective and efficient with Casetexts legal research suite. ; and the United States Bankruptcy Code, 11 U.S.C. Call 877-659-1440 to pay your bill by phone with our automated phone payment system. C. Individual Liability of Defendant Marr. 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." 56:12-15. Compare Compl. "); Barbarino v. Paramus Ford, Inc., Dkt. 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. at 31-32. Ex. Now that's smart. So while it's affordable to get coverage for basic household items like furniture and books, expect to pay more for collectible items valued well above $5,000. Other restrictions, taxes, fees, and insurance requirements may apply. Def. 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. Ex. 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." Stated another way, TCCWNA permits sellers to expand valid terms of a consumer contract so that they extend to the fullest degree allowed by law. 15 Hits. 3d at 213. CubeSmart has vehicle storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs. 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." We reserved a 10 X 30 unit 2 weeks ahead online and the store manager in Simpsonville called me (Ash Mann). See generally id. The TCCWNA's civil penalty is a "cumulative" remedy to those provided by other laws. Now I have to go through hell every month paying them by check mailing it out. I've had nothing but bad experiences from this company. CubeSmart is not a company I will ever use again. Apr. 132, 135 (3d Cir. Id. All rights reserved. Mar. We sometimes offer premium or additional placements on our website and in our marketing materials to our advertising partners. Offers and availability may vary and are subject to change. Consumers are advised to research each facility to see if it's the right fit for them. Pricing and approximate square footage as of August 2022. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. 15-6098 (FLW)(LHG) (D.N.J. 11-4634, 2011 U.S. Dist. 56:12-15, is denied. 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. The floors had hundreds of huge rodent droppings. Do NOT rent from this organization. B 4 (emphasis added). A, 9. 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. On a class-wide basis, the Complaint alleges that Defendants violated the TCCWNA because the Lease (Count I) and Rider (Count II) contain terms which violate the New Jersey decisional law, the SSFA, and the United States Bankruptcy Code. I recently just took out my two televisions to check if they have been damaged and they did. See In re Blakeley, 363 B.R. Unpub. . 1997). Copyright 2021 CubeSmart. No. For coverage over $5,000, you need to talk with a CubeSmart employee. Id. 101, Ex. at 679. I want to know what I can do as I lost 5 years of accumulated possession s (ie: beds, tv, toys, furniture, pictures, etc.) Provide them with your customer details. 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 Id. Id. Id. It adds up too. Ex. Section 365 of the Bankruptcy Code recognizes no distinction between clauses which provide an "option" to hold a contract in default and ones which "automatically" work a default in the event of a bankruptcy filing, since the end result of either is effectively equivalent, that is, the contract would be modified by virtue of the bankruptcy filing, in violation of Section 365, even if Defendants take no action to exercise their purported option. See Sponsors' Statement, Statement to Assembly Bill No. BER-L-6105-15 at *7 (Law Div. Get the app. Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. I recently just took out my two televisions to check if they have been damaged and they did. The maximum upload file size: 100 MB. LEXIS 498, *15 (Law Div. Sept. 11, 2015) (Wilson, J.) At Move.org, we offer financial assistance to individuals and families who are moving in exchange for details about their experience. Angstadt v. Midd-West Sch. 2A:44-193, L. 2013, c. 128, 3, eff. 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. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. 3d at 213. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. The second is documentation, followed by cooperation. LEXIS 58144 at *4-5, 29-30). LEXIS 2197, *10 (Law Div. It also provides similar deals if you need professional movers to handle the heavy lifting. Unpub. 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. Complaint pending. 89, 94(d). LEXIS 125209, at *10-11 (D.N.J. What Are the Cheapest Truck Rental Companies? BER-L-9571-14, 2016 N.J. Super. Marcus v. BMW of N. CubeSmart is a self-managed and self-administered real estate investment trust with its operations conducted solely through CubeSmart LP and its subsidiaries. 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. 56:12-17. 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." 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. 272, 276 (Bankr. Good Morning Mr. Marino, I hope this e-mail reaches you quickly and you address this matter. He would love to hear about your moving experiences and questions at [email protected]. Specifically, Defendants' motion to dismiss Count I is denied to the extent that this Count sufficiently alleges four violations of N.J.S.A. With CubeSmart, you pay for only as long as you need a storage unit. N.J.S.A. Walters, 2016 N.J. Super. Hello my name is Omar naser I'm currently a cubesmart customer on 1526 N Shepherd DrHouston, TX 77008 unit A 4056 the manager there is giving me a hard time and keeps . I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. "item": Prices range broadly between urban and suburban or rural areas, as can be seen in the example prices we've pulled. 463, 467 n.4 (Bankr. If you already registered your account, sign in here . [ The elevators are often broken. CubeSmart has a variety of vehicle storage units that fit everything from small motorcycles to extra-large recreational vehicles. So its a solid pick if you want to save money and can find nearby locations. Plus, the storage company typically offers several discounts, including deals for military members and college students. Myska v. New Jersey Mfrs. See Circuit Lighting, Inc. v. Progressive Prods., No. The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. Of course, if you want to go it alone, CubeSmart also offers free four-hour moving truck rentals at many locations. 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. Like the lease in Martinez-Santiago, the Lease in this matter is a consumer contract which contemplates use in multiple jurisdictions. 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