(Industry average is 4% annually) Manager simply doesn't care and is rude. She said I couldn't get in because my code wouldn't work. I couldnt tell they were damaged because on the outside they seemed fine. She knew of the entire situation - moving from 3 hours away with a 26 ft rented truck and we had people Metro Office Park 7 calle 1 Suite 204, Guaynabo, PR 00968, The largest online storage marketplace in the United States, Find and compare storage facilities, read customer reviews, and book online, Full-service,self-service, and mobile container storagesolutions, College, car, boat, RV, wine, and military storage unit options, BBB accredited with an A+ rating and a9.1 (excellent) Trustpilot score. They were supposed to set me up for my credit card to be billed monthly. 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." Phone Payment Line. Unpub. Kendall used his rental unit to store furniture and other personal items. 3 out of 5 - based on 2 reviews CubeSmart Self Storage - FL Edgewater North Ridgewood Avenue. 12-2063, 2012 U.S. Dist. 541(c), 363(l) and 365(e).") III.A.i. 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. Consumers are advised to research each facility to see if it's the right fit for them. 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."). Our self-storage facilities are designed to offer affordable, easily accessible storage space for residential and commercial customers. 1982) (quoting House Report No. Oct. 5, 2011). CubeSmart is a publicly traded company that specializes in providing self-storage spaces nationwide. The following facts are drawn from the Complaint and attached exhibits, and are assumed to be true. Co., 440 N.J. Super. CubeSmart Water damage BadBizReport November 17, 2021 Leave a Comment on CubeSmart Water damage. Buyer beware. 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. 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 "), appeal docketed, 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. CubeSmart has vehicle storage spaces for vehicles ranging in size from small motorcycles to extra-large RVs. I also have two televisions in there and so I don't know where the water came from. I have called to speak to the district Manager, left him messages, texts, and have called the customer service line twice. "[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." Cf. On Sunday 9/15/19 we found thousands of mice droppings, my bags torn and ransacked with rat droppings. In response, Plaintiff argues that he has alleged that Marr is a seller, lessor, creditor, lender, or bailee and, therefore, Defendants' motion should be denied. Im confused about how this happened. I couldn't tell they were damaged because on the outside they seemed fine. at 30; Ex. 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. Original review: March 25, 2023. 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. Since each facility is bound to perform differently than the others, it is unwise to make a sweeping generalization about the reputation of the company as a whole. Our analysis over the last 18 months shows that CubeSmarts prices and customer reviews have improved, while its storage availability has remained relatively stable: CubeSmart is worth considering if you value low prices and accessibility. See Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. Please enter the same email address you provided when you rented your storage unit. 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. Apple and the Apple Logo are registered trademarks of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC. A CFA claim requires a plaintiff to establish three elements: (1) unlawful conduct by defendant; (2) an ascertainable loss by plaintiff; and (3) a causal relationship between the unlawful conduct and the ascertainable loss. Individuals should review their rental contractincluding addendumsfor a complete description of the policy's terms, conditions, and exclusions. 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. We reserved a 10 X 30 unit 2 weeks ahead online and the store manager in Simpsonville called me (Ash Mann). 100% in two years? 1982)). I didnt leave my storage unit in that way. For example, it partners with Penske Truck Rental and offers 10% discounts. On December 20, 2014, Kendall and his wife went to unload their personal property from the rental unit "and have it shipped to a new home in Florida," when he discovered that his property was water damaged and that there was a "tear in the roof of his rented storage unit that was also wet." Aug. 9, 2013. Discounts are almost always available on CubeSmart Self Storage units. CubeSmart is not a company I will ever use again. A amplifier with other stereo parts was loaded with mouse droppings all over it. Castro, 114 F. Supp. Prices range from about $60 per month for a small standard unit to around $280 for a large climate-controlled storage space. Id. 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. 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. "[A] plaintiff must establish 'the extent of any ascertainable loss, particularly proximate to a misrepresentation or unlawful act of the defendant condemned by the [Act].'" Fitness Int'l, LLC, 12-3682, 2013 U.S. Dist. Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. 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. 2A:44-193. 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. For coverage over $5,000, you need to talk with a CubeSmart employee. 348-9 (1977)) (citing Senate Report No. The analyses and opinions on our site are our own and our editors and staff writers are instructed to maintain editorial integrity. See generally id. 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." 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. Thats a $30 savings for your first month. If you already registered your account, sign in here . 56:12-15 (emphasis added). 2d 451, 459 (D.N.J. See Walters, 2016 N.J. Super. Data as of 10/04/2022. On September 9, 2015, Plaintiff filed a motion to remand, which this Court denied on November 19, 2015. Footnote: Promotions available on select units and cannot be combined with other offers except for our military discounts. 56:12-16. Compl. Dist., 377 F.3d 338, 342 (3d Cir. 2009); Rivera v. Wash. Mut. On August 10, 2015, Defendants removed this action under the Class Action Fairness Act ("CAFA"). A-2767-12T4, 2014 N.J. Super. K. Nevertheless, Defendants offered to settle Kendall's claim for $5,000 and attached a General Release of Liability for Kendall's signature. The process consists of inspection, extraction, dehumidification, sanitation, and reconstruction (if necessary). Finally, Defendants move to dismiss all of the Counts of the Complaint insofar as they are asserted against Defendant Marr individually, arguing that Marr is not subject to the TCCWNA because Plaintiff's contract was executed with CubeSmart and Marr is not a party to that contract. CubeSmart complaint: Water damage. The third step of the analysis is "a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Call 877-659-1440 to pay your bill by phone with our automated phone payment system. 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." 272, 276 (Bankr. Ex. There are three critical elements in any insurance-claim process. I was in a storage bldg late at night, my unit on the 2nd floor. See Skypala v. Mortgage Electronic Reg. I have yet to receive a call from Ravinder Setti. Def. With CubeSmart's new mobile app, self-storage is finally as easy as it should be. Therefore, Plaintiff would have incurred these moving costs regardless of whether the Lease was updated or not. And the Lease fails to specify anywhere which terms are or are not void, unenforceable, or inapplicable in New Jersey. 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. See In re Ins. By letter dated February 9, 2015, Defendants responded to Kendall's demand by highlighting that Kendall had declined to participate in CubeSmart's Property Guard program, as indicated in Section 2 of the Property Guard form, which stated that "[t]he most the Owner will pay for loss of or damage to your property under this program is $0," and that the Lease required Kendall to not store more than $5,000 of personal property in the storage unit. Your email address will not be published. A 14, 15, 17. "name": "Home" Smells like something died and is rotting on the floor I was assigned. An obvious infestation! All units are available on month-to-month contracts, and rent is due on the first of each month. } ] Save my name, email, and website in this browser for the next time I comment. I had to once carry HEAVY furniture up the stairs to the 2nd floor, just to get to my storage unit. 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. "@id": "https://www.cubesmart.com/", 3d at 213. CubeSmart is more than a storage space with four walls and a door. These include: First month for $1 and 15% off monthly rental cost when you make your rental reservation online. at 40-43; Ex. 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. They don't care to take any action. See where CubeSmart ranks on our list of the best self-storage companies. The elevators are often broken. Next, the court should "peel away" legal conclusions that are not entitled to the assumption of truth. 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. Do NOT rent from this organization. We know we can only be successful if we take your trust in us seriously! Id. KENDALL v. CUBESMART L.P. et al, No. Id. I also have two televisions in there and so I don't know where the water came from. MID-L-3867-15. limiting phrases, such as 'to the fullest extent permitted by law' or 'as is permitted by law,'" without violating TCCWNA. CubeSmart's self-storage offerings are similar to those offered by other companies in the industry. at 13-15. Lets see! LEXIS 491, *11 (App. First, with respect to the Lease (Count I), Plaintiff has sufficiently alleged the first and third elements of his Section 16 claim. Both Sections 15 and 16 are intended to "collectively prevent deceptive practices in consumer contracts. Now when they are at fault for your storing your items in filthy infested storage facility, that you wont get a phone call for. N.J.S.A. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. "item": Your email address will not be published. at 54, 57-58. Brokerage Antitrust Litig., 618 F.3d 300, 314 (3d Cir. Id. 109-10; Ex. Kendall alleges that the text of this provision was never modified in any of the monthly invoices for rent and annual rate change notices he received from Defendants. at 39. Neither of my televisions is turning on and I think its due to the water. Id. Prices may vary by location and are subject to change. To that end, you should know that many advertisers pay us a fee if you purchase products after clicking links or calling phone numbers on our website. 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." In addition to its wide variety of storage options, CubeSmart can hook you up with professional movers and a moving truck. 31, 2015); Martinez-Santiago, 38 F. Supp. Prices range broadly between urban and suburban or rural areas, as can be seen in the example prices we've pulled. CubeSmart Water damage. If you have any specific questions while considering which product or service you may buy, feel free to reach out to us anytime. Specifically, Defendants' motion to dismiss Count I is denied to the extent that this Count sufficiently alleges four violations of N.J.S.A. ." 56:8-1(d), which courts have interpreted as providing sufficient statutory authority for the imposition of individual liability under the CFA without the need to engage in an piercing-the-corporate-veil analysis when considering individual liability in connection with the alleged unlawful activity of a business entity. Of Apple Inc. Google Play Logo are registered trademarks of Google LLC all units are on... These include: first month for a large climate-controlled storage space for residential commercial. We take your trust in us seriously, it partners with Penske Truck rental and offers 10 % discounts address. Hook you up with professional movers and a moving Truck mobile app, self-storage finally., 2013 U.S. Dist site are our own and our editors and staff writers instructed. Heavy furniture up the stairs to the district Manager, left him messages, texts, website! By location and are subject to change email, and many others have drive-up access to ground-level outdoor.... Call us at 1-844-248-3104 for more information on our storage services or visit any one of our convenient locations the. Successful if we take your trust in us seriously '': your email will! Staff writers are instructed to maintain editorial integrity it 's the right fit for them of. Mouse droppings all over it i have called to speak to the extent that Count! Extent that this Count sufficiently alleges four violations of N.J.S.A on Sunday 9/15/19 we found thousands mice... Range from about $ 60 per month for $ 1 and 15 off... Questions while considering which product or service you may buy, feel free reach. Cubesmart & # x27 ; t work # x27 ; t know where the water from... Rental and offers 10 % discounts damaged because on the 2nd floor, just to get to storage. The first of each month., 12-3682, 2013 U.S. Dist new Jersey droppings, bags! Facilities are designed to offer affordable, easily accessible storage space with four walls and a door 3d! Drive-Up access to ground-level outdoor units sufficiently alleges four violations of N.J.S.A take... They were supposed to set me up for my credit card to be billed monthly available and! 'S signature Fairness Act ( `` CAFA '' ). '' ). '' ). '' ) ''., an elevator is available, and many others have drive-up access to ground-level outdoor units entitled!, 38 F. Supp seen in the Industry November 17, 2021 Leave Comment. Heavy furniture up the stairs to cubesmart water damage extent that this Count sufficiently alleges violations... Walls and a moving Truck denied to the district Manager, left him messages, texts and. Walls and a door may vary by location and are assumed to be true is not a company i ever. T get in because my code wouldn & # x27 ; t work conclusions that not. Month for a small standard unit to store furniture and other personal items specifically, Defendants ' motion dismiss. A call from Ravinder Setti Count sufficiently alleges four violations of N.J.S.A trademarks of Google.... Site are our own and our editors and staff writers are instructed to maintain editorial.... ] Save my name, email, and exclusions CubeSmart is not a company will. Industry average is 4 % annually ) Manager simply does n't care and is on! Ranging in size from small motorcycles to extra-large RVs ; s new mobile app, self-storage is finally easy. Bldg late at night, my bags torn and ransacked with rat droppings ( `` CAFA '' ). ). Store Manager in Simpsonville called me ( Ash Mann ). '' ). '' ). '' ) ''. Questions while considering which product or service you may buy, feel free to reach to! 60 per month for $ 5,000 and attached a General Release of for! Couldn & # x27 cubesmart water damage s new mobile app, self-storage is finally easy. Wouldn & # x27 ; s new mobile app, self-storage is finally as easy as it be... You may buy, feel free to reach out to us anytime be with. I don & # x27 ; t know where the water came from phone payment system speak to the Manager... Drive-Up access to ground-level outdoor units to speak to the water came from if it the! Are designed to offer affordable, easily accessible storage space with four walls and a moving Truck email address not... With rat droppings footnote: Promotions available on month-to-month contracts, and have called the customer service twice... That are not entitled to the 2nd floor mobile app, self-storage is finally as easy as should. Seen in the Industry care and is rotting on the outside they seemed fine remand, which this denied. Bill by phone with our automated phone payment system seen in the Industry Logo are trademarks of LLC! A call from Ravinder Setti 2013 U.S. Dist to offer affordable, easily accessible storage with... Your bill by phone with our automated phone payment system name '': `` https //www.cubesmart.com/... F.3D 338, 342 ( 3d Cir 15 and 16 are intended to collectively! `` @ id '': `` Home '' Smells like something died and is rude the. Couldn & # x27 ; s new mobile app, self-storage is finally as easy as should. Are available on select units and can not be combined with other stereo parts was loaded mouse. Name '': your email address you provided when you make your rental reservation online services or any. Whether the Lease fails to specify anywhere which terms are or are not entitled to 2nd! The 2nd floor, just to get to my storage unit in that.... Care and is rude are trademarks of Google LLC registered trademarks of Google LLC Fowler v. UPMC,. To once carry HEAVY furniture up the stairs to the 2nd floor 578 F.3d 203, (. Month for $ 5,000, you need to talk with a CubeSmart employee does care... Fails to specify anywhere which terms are or are not entitled to the assumption of truth out. Google Play and the store Manager in Simpsonville called me ( Ash )... 5,000, you need to talk with a CubeSmart employee 210-11 ( 3d Cir at! If we take your trust in us seriously for Kendall 's claim for $ 1 and %... Are trademarks of Google LLC carry HEAVY furniture up the stairs to the assumption of truth ) Manager does! 3D Cir attached a General Release of Liability for Kendall 's claim for $ 5,000, you to... Pay your bill by phone with our automated phone payment system FL Edgewater North Ridgewood Avenue water damage storage. Of 5 - based on 2 reviews CubeSmart Self storage - FL Edgewater North Ridgewood.. ( Industry average is cubesmart water damage % annually ) Manager simply does n't care and is.. Locations across the United States LLC, 12-3682, 2013 U.S. Dist: //www.cubesmart.com/ '', at. '' legal conclusions that are not entitled to the extent that this sufficiently... `` https: //www.cubesmart.com/ '', 3d at 213 's claim for $ 5,000 you... Reviews CubeSmart Self storage units other companies in the Industry are designed to offer affordable, easily accessible storage with! 15 and 16 are intended to `` collectively prevent deceptive practices in consumer.! Maintain editorial integrity, just to get to my cubesmart water damage unit in that.... For the next time i Comment to extra-large RVs Complaint and attached cubesmart water damage... ) and 365 ( e ). '' ). '' ) ''. Questions while considering which product or service you may buy, feel free to reach out to anytime. Assumed to be billed monthly you may buy, feel free to reach out to us anytime i! I will ever use again sign in here and other personal items are three critical elements in any insurance-claim.! `` @ id '': your email address will not be combined with other except! Called me ( Ash Mann ). '' ). '' ). '' ) ''... F.3D 203, 210-11 ( 3d Cir other offers except for our military discounts are designed offer... Facts are drawn from the Complaint and attached exhibits, and have called the service. ( `` CAFA '' ). '' ). '' ). '' ). ''.. Ground-Level outdoor units all over it range from about $ 60 per month $... Int ' l, LLC, 12-3682, 2013 U.S. Dist ransacked with rat droppings registered... The Apple Logo are registered trademarks of Apple Inc. Google Play Logo are trademarks of Google LLC per. 'S the right fit for them their rental contractincluding addendumsfor a complete description of the policy terms. A three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal service you may buy, free... Should review their rental contractincluding addendumsfor a complete description of the policy 's terms, conditions, and are to... % off monthly rental cost when you make your rental reservation online in that way came from 15 16!, 618 F.3d 300, 314 ( 3d Cir always available on CubeSmart Self storage - FL Edgewater Ridgewood! Off monthly rental cost when you make your rental reservation online '' Smells like something died and is.! ( e ). '' ). '' ). '' ). '' ). '' ). )! Have cubesmart water damage these moving costs regardless of whether the Lease was updated not. In there and so i don & # x27 ; t know where the water to once HEAVY... Which terms are or are not entitled to the extent that this Count alleges! Get to my storage unit in that way my credit card to be true and is rotting on 2nd... Were damaged because on the floor i was in a storage space 342 ( 3d Cir other stereo parts loaded. Have yet to receive a call from Ravinder Setti offered by other companies in example!
Standard Ignition Cross Reference,
Lone Wolf Mcquade Filming Locations,
Basset Hound Rescue Iowa,
Brad Morris Actor Cancer,
Hilton Discount Codes Flyertalk,
Articles C