at 54, 57-58. 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." Angstadt v. Midd-West Sch. . CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. (quoting Sauro, 2013 U.S. Dist. 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." Storage unit prices exclude a one-time administrative fee, monthly insurance costs, and special promotions. The floors had hundreds of huge rodent droppings. Both Sections 15 and 16 are intended to "collectively prevent deceptive practices in consumer contracts. For one year of storage, CubeSmart self-storage can save you nearly $400 compared to other companies. Mar. These units can be used to store cars, RVs, boats, and trailers. To find out more about how we make money and our editorial process, click here. Holiday and seasonal promotions. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. 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." Martinez-Santiago, 38 F. Supp. Compl. at 18; Ex. 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." 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. Make your practice more effective and efficient with Casetexts legal research suite. Speaking to ou attorneys about this awful place 622 Capital Blvd, Raleigh, NC 27603. N.J.S.A. Share your photos and videos with others to prove the truth of your words. Defendants' motion to dismiss Count III is granted, and Plaintiff's claim under the CFA is dismissed without prejudice. I want to know what I can do as I lost 5 years of accumulated possession s (ie: beds, tv, toys, furniture, pictures, etc.) "url": "https://www.cubesmart.com/", While water damage restoration usually does not require certification, it should ideally be performed by a . In contrast, Section 16's specification requirement is not implicated where the consumer contract, notice, or sign at issue is drafted specifically for use in New Jersey and controlled by New Jersey law. 's I, J. CubeSmart, a REIT (Real Estate Investment Trust), operates more than 1200 self-storage facilities. LEXIS 498, *15 (Law Div. 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." 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. 2004) (citation omitted); see also In re Burlington Coat Factory Sec. CubeSmarts maximum grace period is 30 days. With respect to these counts, the Complaint seeks only the minimum civil penalty of $100 under TCCWNA for each Lease and Rider, for a total of $200 per class member, plus attorneys' fees, interest, and costs of suit. Footnote: Promotions available on select units and cannot be combined with other offers except for our military discounts. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. First, the court should "outline the elements a plaintiff must plead to a state a claim for relief." 30, 33 (App. It owns, operates, develops, manages . Submit a complaint and get your issue resolved. CubeSmart has vehicle storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs. Plaintiff alleges his ascertainable loss is the value of his personal property and moving costs. Over the past three years, CubeSmart received nearly 300 BBB complaints. Compl. at 103-19; see infra Sec. See Compl. CubeSmart shouldn't have allowed mice, or any other kind of nibbling pest, to invade your storage facility. While it has fewer total square feet of storage space, CubeSmart has some of the nations most affordable self-storage pricing. at 19. Account Number. A 17, constitutes an ipso facto clause in violation of the Bankruptcy Code, 11 U.S.C. Salmafaisal23 on 17 November 2021 about CubeSmart in category Public Buildings & Spaces. "name": "Home" Daniel and Nick were great but unfortunately the staff turned over a couple of months ago and it has gone downhill ever since. Register below to access your account, view your statements, and make payments online. I have called to speak to the district Manager, left him messages, texts, and have called the customer service line twice. CubeSmart - storage unit/ rodent and water damage on my belongings. "); Barbarino v. Paramus Ford, Inc., Dkt. All rights reserved. See Allen v. V & A Bros., Inc., 208 N.J. 114, 131 (2011); see also Ceballo v. Mac Tools, Inc., No. Ex. I can't believe the insurance didn't cover mice. 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. 2A:44-191(c)(1)-(5). New complaint. Bottom line: CubeSmart is one of the nations best self-storage companies. See Skypala v. Mortgage Electronic Reg. CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. Click here for offer details. Even assuming, without deciding, that Defendants engaged in "unlawful conduct," as that term is defined in N.J.S.A. Your email address will not be published. Plaintiff's claims alleging violations of N.J.S.A. It should be automatic on your credit card. The workers, especially the manager Samila was extremely apologetic, we all took photos as we removed my items and me in tears. On July 2, 2015, Plaintiff filed this putative class-action lawsuit against Defendants in the Superior Court of New Jersey, Law Division, Middlesex County, under docket no. To make this comment as helpful as possible for our community, please provide at least 2 sentences. granted, 223 N.J. 551 (2015); see also Gotthelf v. Toyota Motor Sales, U.S.A., Inc., 525 F. Appx. You must have insurance to store your belongings at a CubeSmart facility. B 7(D) (emphasis added). Id. 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. Id. 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. Def. They know most people don't want to have to move all their stuff out so they get away with it. I recently just took out my two televisions to check if they have been damaged and they did. 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. For the foregoing reasons, Defendants' motion to dismiss is denied in part and granted in part. at 97, 102. To only have recently stop by and see the damage from water. "In other words, the alleged unlawful practice must be a proximate cause of the plaintiff's ascertainable loss." I have wet stains on my boxes and mold on my sheets in my storage unit. Sept. 11, 2015) (Wilson, J.) Generally, when determining a motion under Rule 12(b)(6), the court may only consider the complaint and its attached exhibits. How Much Does It Cost to Rent Space in a Storage Facility? Storage West is now CubeSmart. BER-L-2856-15; BER-L-3010-15, 2015 N.J. Super. My daughters keep sake items were stained with droppings stuck on them. Water damage restoration is the process of returning the property's condition to its original state before water intrusion. CubeSmart - controlled storage unit. Id. 2010). This is how we maintain our free service for consumers. 119(a), (b). 95-959, 95th Cong., 1st Sess. "[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." Im confused about how this happened. 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. In most cases, CubeSmart provides your first months rental on the house. 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. . Plus, the storage company typically offers several discounts, including deals for military members and college students. B. Here, while Plaintiff's allegations groups Marr together with the other Defendants collectively in the Complaint, Compl. Ask to speak with a representative. You can also rent Cubesmart self-storage units for vehicles for under $200 per month. Every year, about one in 50 homeowners files a water damage. Its best features include low prices and month-to-month storage contracts. 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."). Accordingly, all Plaintiff's claims against Marr are dismissed without prejudice. 56:8-1, et seq. An obvious infestation! A 14, 15, 17. MID-L-3867-15. My daughter owes her former landlord $5,000 for water damage, even though they ignored her requests to fix it. Dist., 377 F.3d 338, 342 (3d Cir. CubeSmart is a self-administered and self-managed real estate investment trust. Id. N.J.S.A. We scheduled to come move into the 10 X 30 Unit on July 27. Drop file here. I didnt leave my storage unit in that way. 8-9. 348-9 (1977)) (citing Senate Report No. 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. 225, 231 n.8 (Bankr. 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. . Business.
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