At least 3 times, within a months time, were the elevators down. at 30; Ex. "item": 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." 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. Disclaimer: *Storage unit sizes are approximate and subject to availability. 272, 276 (Bankr. The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Make online payments anytime. Ex. Indeed, the legislative history of Section 365 negates Defendants' attempt to limit the Code's prohibition to only those clauses which require "automatic" termination of a contract in the event of a bankruptcy filing: "Subsection (e) invalidates ipso factor [sic] or bankruptcy clauses. They are completely incompetent. I've had nothing but bad experiences from this company. ET First Published: April . While it has fewer total square feet of storage space, CubeSmart has some of the nations most affordable self-storage pricing. CubeSmart is not a company I will ever use again. 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. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. 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. 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. CubeSmarts coverage options range from a $2,000 to $5,000 policy amount, with monthly costs ranging from $12 to $27. And the Lease fails to specify anywhere which terms are or are not void, unenforceable, or inapplicable in New Jersey. Pricing and approximate square footage as of August 2022. Id. Id. Apple and the Apple Logo are registered trademarks of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC. 2d 256, 268 (D.N.J. Watkins v. DineEquity, Inc., 591 F. Appx. at 94(a)-(d); Ex. En espaol: 844-123-4147. Smells like something died and is rotting on the floor I was assigned. The average monthly cost to rent a CubeSmart storage unit is approximately $160. If you have any specific questions while considering which product or service you may buy, feel free to reach out to us anytime. 56:12-15 (emphasis added). 12-2063, 2012 U.S. Dist. },{ It adds up too. 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."). An obvious infestation! 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. 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. While water damage restoration usually does not require certification, it should ideally be performed by a . 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. Ask to speak with a representative. MID-L-3867-15. At Defendants' suggestion, Kendall submitted a claim under his renter's insurance policy to recover the value of his damaged personal property, but that claim was denied based on a policy exclusion for water damage resulting from wear and tear. (citing Cooper Distrib. I didnt leave my storage unit in that way. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. CubeSmart complaint: Water damage. 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. For example, when company ranking is subjective (meaning two companies are very close) our advertising partners may be ranked higher. Id. 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. Make your practice more effective and efficient with Casetexts legal research suite. BER-L-6105-15 at *7 (Law Div. 775, 790 (S.D. 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."). N.J.S.A. One of my daughters bikes had a hole on the chair to sit on. 15-6098, 2015 U.S. Dist. See Barbarino, No. Ex. 56:12-16 (emphasis added). You are here: Home About CubeSmart { Send a Check 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 . "position": 2, 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. 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." ComplaintsBoard.com is a leading complaint resolution website on the Internet. I couldnt tell they were damaged because on the outside they seemed fine. "name": "Home" No. Ins. 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. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . B 3. Brokerage Antitrust Litig., 618 F.3d 300, 314 (3d Cir. Instead, it lets you rent storage space on a monthly basis. CubeSmart is a self-administered and self-managed real estate investment trust. 161, 166 n.1 (E.D.N.C. I say stay far away from these heartless crooks! With CubeSmart, you pay for only as long as you need a storage unit. Id. A 17 (emphasis added). Finally, the court should assume the veracity of all well-pled factual allegations, and then "determine whether they plausibly give rise to an entitlement to relief." Once your rent is a month late, the self-storage company will lock your unit and conduct a storage auction. Id. Call us at 1-844-248-3104 for more information on our storage services or visit any one of our convenient locations across the United States. B. This is outrageous. Ex. 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. To only have recently stop by and see the damage from water. Our unit was on the 6th floor and when we moved out last week we were horrified that the unit had sustained water leaks and some of our items were mildewed. Accordingly, Defendants' motion to dismiss Plaintiff's claim that the provisions of Paragraph 15 of the Lease allowing private sales without notice violated Section 15 of the TCCWNA is denied. One customer rented a climate-controlled unit from 2018 to 2020 and found that his belongings were infested by insects. You can also rent Cubesmart self-storage units for vehicles for under $200 per month. 132, 135 (3d Cir. I have wet stains on my boxes and mold on my sheets in my storage unit. See In re Blakeley, 363 B.R. It owns, operates, develops, manages . 56:12-18; Manahawkin Convalescent v. O'Neill, 217 N.J. 99, 125 (2014). "position": 1, See Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. 3d at 213. 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." Last Updated: April 15, 2023 at 9:05 a.m. Discounts are almost always available on CubeSmart Self Storage units. Fitness Int'l, LLC, 12-3682, 2013 U.S. Dist. We sometimes offer premium or additional placements on our website and in our marketing materials to our advertising partners. A 14. The Bankruptcy Code prevents the operation of contract ipso facto clauses at 11 U.S.C. 95-989, 95th Cong., 2d Sess. Id. His writing has been featured in hundreds of publications, including USA Today, Martha Stewart Living, Country Living, Good Housekeeping, Heavy, Slate, and Yahoo! Next, the court should "peel away" legal conclusions that are not entitled to the assumption of truth. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. --------. We reserved a 10 X 30 unit 2 weeks ahead online and the store manager in Simpsonville called me (Ash Mann). With storage locations nationwide, youre sure to find a CubeSmart location in your area. Get online access to: Manage your account. As discussed in more detail below, Plaintiff has sufficiently alleged four violations of Section 15 of the TCCWNA in Count I of the Complaint, but has failed to adequately plead a violation of Section 16 of the TCCWNA in Counts I and II. Twombly, 550 U.S. at 555 (internal quotations and citations omitted). They don't care to take any action. He would love to hear about your moving experiences and questions at kurt@move.org. Need a little extra comfort for your stuff? Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. In the event that the New Jersey Supreme Court provides a different interpretation of the TCCWNA during the pendency of this case, under which Plaintiff's Section 16 claims would be sufficient, Plaintiff may seek leave to file an amended complaint to re-assert his claims that the savings clauses contained in the Lease and Rider violate Section 16 of the TCCWNA. 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. ; and the United States Bankruptcy Code, 11 U.S.C. Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. No's. Ex A 15, violates a clearly established right under the SSFA. The claims against Defendant Marr will be analyzed separately, infra. CubeSmart offers a variety of customized services for an additional fee. 89, 94(d). These include: First month for $1 and 15% off monthly rental cost when you make your rental reservation online. Iqbal, 556 U.S. at 678. See Gomes v. Extra Space Storage, Inc., No. If you already registered your account, sign in here . Now that's smart. 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 . 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