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. Next, the court should "peel away" legal conclusions that are not entitled to the assumption of truth. at 19. 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. 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. File your complaint . As of December 31, 2019, it owned 523 self-storage properties in 40 states and the District of . En espaol: 844-123-4147. The gates were closed and only the office was open. Partners may influence their position on our website, including the order in which they appear on a Top 10 list. Prices may vary by location and are subject to change. at 31-32. Search for storage below or, CubeSmart Privacy Policy, Terms and Trademark Usage. ." "@type": "ListItem", 1995)). Id. I also have two televisions in there and so I don't know where the water came from. Copyright 2015-2022, BadBizReport. Co., 440 N.J. Super. If you choose to click on the links on our site, we may receive compensation. 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. Aug. 23, 2013). "@id": "https://www.cubesmart.com/", 56:12-16. 200 North Ridgewood AvenueEdgewater, FL 32132 (512) 361-1686. 3d at 213. The claims against Defendant Marr will be analyzed separately, infra. Co., 188 N.J. Super. 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. Id. Never before have we been treated so rudely as we have by the current staff there. Ex. Plaintiff's claims alleging violations of N.J.S.A. LEXIS 498 at *19 (citing Sauro v. L.A. Defendants also provided Kendall with a New Jersey Rider ("Rider") when he executed the Lease. Instead, the Complaint alleges that Paragraph 9 constitutes a violation of the Consumer Fraud Act. Accordingly, the Court will analyze the claims under each section separately. 56:12-16 (emphasis added). 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. 94(d). Salmafaisal23 on 17 November 2021 about CubeSmart in category Public Buildings & Spaces. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. These decisions have interpreted and refined the contours of Section 16 in two important ways. 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. I told the lady that it would impossible for me to get to them before 6:30 because I work until 5pm. Upon opening the unit we discovered hundreds of droppings. Id. C. Individual Liability of Defendant Marr. You could likely point out, though, that rats and vermin are commonly excluded from such insurance coverage. I. (emphasis added); see also Coastal Fed. 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." Whereas the CFA prohibits "persons" from engaging in consumer fraud, the TCCWNA's prohibition focuses specifically on sellers, lessors, creditors, lenders, and bailees. . Last Updated: April 15, 2023 at 9:05 a.m. I . Thus, it would appear that even if every term of consumer contract is enforceable in New Jersey, if the contract states (explicitly or implicitly) that some terms may not be enforceable in some jurisdictions, it must also state that all of its terms are enforceable in New Jersey to satisfy Section 16. The workers, especially the manager Samila was extremely apologetic, we all took photos as we removed my items and me in tears. 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." We know we can only be successful if we take your trust in us seriously! In re Rose, 21 B.R. For $449, you get access to two movers and a truck for three hours. Your email address will not be published. Martinez-Santiago, 38 F. Supp. Id. Vehicle storage CubeSmart complaint: Water damage. We reserved a 10 X 30 unit 2 weeks ahead online and the store manager in Simpsonville called me (Ash Mann). He brings a BS in sociology and an MPA (masters of public administration) to the Move team. 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. Id. Twombly, 550 U.S. at 555 (internal quotations and citations omitted). Storage West is now CubeSmart. 109-10; Ex. Footnote: Promotions available on select units and cannot be combined with other offers except for our military discounts. Im confused about how this happened. Id. due to water damage and mold and will now have to start again from scratch. This complaint was posted by a verified customer. Your email address will not be published. Dist., 377 F.3d 338, 342 (3d Cir. With CubeSmart's new mobile app, self-storage is finally as easy as it should be. 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. 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. "[A provision's] language might give an inattentive reader the wrong impression about the law, if the reader skips over . No votes so far! No. Accordingly, all Plaintiff's claims against Marr are dismissed without prejudice. Holiday and seasonal promotions. See In re Blakeley, 363 B.R. For example, it partners with Penske Truck Rental and offers 10% discounts. Leave a comment for CubeSmart Storage Units. Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. Defendants operate a storage facility located in New Brunswick, New Jersey. } New complaint. This is outrageous. Co. v. Amana Refrigeration, Inc., 63 F.3d 262, 280 (3d Cir. . Ex. 31, 2015); Martinez-Santiago, 38 F. Supp. Now I have to go through hell every month paying them by check mailing it out. 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. Unpub. 1 month's rent free, 15% off monthly rent. He would love to hear about your moving experiences and questions at kurt@move.org. K. Nevertheless, Defendants offered to settle Kendall's claim for $5,000 and attached a General Release of Liability for Kendall's signature. However, their military discount, office space rentals, and frequent promotions make it a good choice for consumers seeking to store their belongings as well as small business owners looking to set up shop. CubeSmart denied my request for a refund. Specifically, Plaintiff alleges that Paragraph 9 of the Lease provides - in 8 point font, non-bolded, and non-underlined text - that "Occupant shall not store any Personal Property in the Space with a total value in excess of $5,000.00 without prior written consent of owner." Id. 2A:44-191(g), and (2) that an "occupant shall be notified" prior to the sale of an occupant's personal property, N.J.S.A. Compl. All reasonable inferences must be made in the plaintiff's favor. Sept. 4, 2012). Ultimately the choice is yours. 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. I have wet stains on my boxes and mold on my sheets in my storage unit. 56:12-15. and tortious acts set forth below, which injured and caused damage to the Plaintiff in Florida. 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. All rights reserved. at 46-48. Bistrian, 696 F.3d at 365 (quoting Iqbal, 556 U.S. at 679). I have wet stains on my boxes and mold on my sheets in my storage unit. 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. In most cases, CubeSmart provides your first months rental on the house. 's A-795-15; A-796-15. The unit itself at 81 Cove Street in New Bedford MA is clean and provides carts for moving personal property. Jan 17, 2010 Going through an event that leads to an insurance claim can be a traumatic experience. To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. LEXIS 498 at *13 ("[T]he Legislature intended to prevent and remediate the inclusion or omission of certain confusing or illegal provisions that deny a consumer of his or her rights or remedies, or that obscure those rights or remedies. It adds up too. Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464, 473 (1988) (quoting Ramanadham v. N.J. Mfrs. With hundreds of locations across the United States, CubeSmart offers storage solutions for individuals, including storage for cars, RVs, and boats as well as office space rentals for business owners. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. CubeSmart's self-storage offerings are similar to those offered by other companies in the industry. 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. I say stay far away from these heartless crooks! 56:12-16 are dismissed without prejudice. Of course, if you want to go it alone, CubeSmart also offers free four-hour moving truck rentals at many locations. Apr. See Barbarino, No. Pricing and approximate square footage as of August 2022. 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. at 18; Ex. at 109-10; Ex. Copyright 2021 CubeSmart. See Cablevision of Oakland, LLC v. CK Bergen Holdings, LLC, No. 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. Both Sections 15 and 16 are intended to "collectively prevent deceptive practices in consumer contracts. 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. 3d at 213. However, the Complaint does not allege that Paragraph 9 is a violation of TCCWNA. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. Ex. This interpretation of Section 16 logically flows from the fact that, where a contract is drafted specifically for use in New Jersey, there is no need to explain which provisions may or may not be enforceable under New Jersey law because requiring such a specification would be redundant. 95-989, 95th Cong., 2d Sess. The first is preparationthe foundation. Get emails with discounts, tips, and checklists to guide you through every step of your move. I couldn't tell they were damaged because on the outside they seemed fine. Average CubeSmart self-storage prices for automobiles are around $180 per month. However, it did experience flooding, due to a defective roof, which it appears has not yet been fully replaced. 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." Ex. (quoting Sauro, 2013 U.S. Dist. Account Number. The self-storage company consistently offers rates 15% below average. It should be automatic on your credit card. Get online access to: Manage your account. Apple and the Apple Logo are registered trademarks of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC. Instead, Paragraph 14 unequivocally states that a private sale may occur: "Owner may sell the Personal Property, or any part thereof, without notice to Occupant, at public or private sale in the manner permitted by applicable law," Compl. I was in a storage bldg late at night, my unit on the 2nd floor. She said I couldn't get in because my code wouldn't work. Drop file here. 2004) (citation omitted); see also In re Burlington Coat Factory Sec. Accordingly, Count III of the Complaint is dismissed without prejudice. Cf. For coverage over $5,000, you need to talk with a CubeSmart employee. Thats a $30 savings for your first month. See Castro, 114 F. Supp. I didn't leave my storage unit in that way. CubeSmart Water damage. OPINION WOLFSON , United States District Judge : 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 Civil Procedure 12(b)(6). Compl. Mar. at 14-15. I also have two televisions in there and so I dont know where the water came from. At Move.org, we offer financial assistance to individuals and families who are moving in exchange for details about their experience. Id. BER-L-6105-15 at *7 (Law Div. 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." 91, the Complaint is clear that Plaintiff leased the rental unit from U-Store-It, "an associated name of Defendant CubeSmart Asset Management, LLC." "In other words, the alleged unlawful practice must be a proximate cause of the plaintiff's ascertainable loss." However, while "a district court may not consider matters extraneous to the pleadings, a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss into one for summary judgment." Federal Rule of Civil Procedure 12(b)(6) provides that a court may dismiss a claim "for failure to state a claim upon which relief can be granted." But theyre too stupid to do it. Compare Martinez-Santiago, 38 F. Supp. We may earn money when you click on our links. LEXIS 491, *11 (App. 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. Current customers are able to pay online. LEXIS 156447 (D.N.J. The maximum upload file size: 100 MB. 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. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. No's. 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." Plaintiff alleges his ascertainable loss is the value of his personal property and moving costs. CubeSmart shouldn't have allowed mice, or any other kind of nibbling pest, to invade your storage facility. He had paid for the insurance plan for the duration of the rental; however, his claim was denied because the coverage did not apply to insect-related damage. "itemListElement": 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. The TCCWNA's civil penalty is a "cumulative" remedy to those provided by other laws. 2012). Awful! We discussed the options in length and set up our appointment. If you have any specific questions while considering which product or service you may buy, feel free to reach out to us anytime. Bistrian v. Levi, 696 F.3d 352, 365 (3d Cir. STEVEN KENDALL, on behalf of himself and others similarly situated, Plaintiff, v. CUBESMART L.P., CUBESMART, CUBESMART MANAGEMENT LLC, CUBESMART ASSET MANAGEMENT, LLC, CHRISTOPHER MARR, AND XYZ COMPANIES, 1-10, Defendants. ASAP Tickets Refusing refund the whole amount despite the protection plan. Nor has Plaintiff alleged sufficient facts that would allow this Court to pierce the corporate veil and hold Marr responsible for the actions of the other corporate defendants. Civil Action No. The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. See Skypala v. Mortgage Electronic Reg. }. I recently just took out my two televisions to check if they have been damaged and they did. 775, 790 (S.D. Id. Aug. 9, 2013. First, Section 16's specification requirement is only implicated when a consumer contract, notice, or sign is or may be used in multiple jurisdictions. granted, 223 N.J. 551 (2015); see also Gotthelf v. Toyota Motor Sales, U.S.A., Inc., 525 F. Appx. 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." See generally id. I moved out 2 days into my paid month and received no refund. However, it is unclear how Defendants reasonably can interpret that the listing of external and third-party causes limits the scope of the exculpatory clause; indeed, the list of these occurrences is immediately preceded by the phrase "including, but not limited to," which plainly indicates that the list of external and third-party causes is not intended to limit the exculpatory clause, but rather to set forth examples. at Ex. See In re Ins. 2013) (quoting Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, 576 (2011)). A-2767-12T4, 2014 N.J. Super. This is completed by professional technicians who are certified to follow industry standards using the proper methods and tools. Id. I would like for them to at least compensate me for all my losses. W. Va. 2008), aff'd, 591 F.3d 308 (4th Cir. 2015). Be the first to rate this post. 2A:44-191(c)(1)-(5). 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. His writing has been featured in hundreds of publications, including USA Today, Martha Stewart Living, Country Living, Good Housekeeping, Heavy, Slate, and Yahoo! 2009). Reply Br. Good Morning Mr. Marino, I hope this e-mail reaches you quickly and you address this matter. The TCCWNA "does not establish rights or seller responsibilities," itself, but "[r]ather, the statute bolsters rights and responsibilities established by other laws." Data as of 10/04/2022. 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. Complaint pending. See Allen v. V & A Bros., Inc., 208 N.J. 114, 131 (2011); see also Ceballo v. Mac Tools, Inc., No. They know most people don't want to have to move all their stuff out so they get away with it. While the remand motion was pending, Defendants filed the instant motion to dismiss on October 5, 2015. It owns, operates, develops, manages . Id. CubeSmart is not a company I will ever use again. LEXIS 119810, *15-16 (D.N.J. With storage locations nationwide, you're sure to find a CubeSmart location in your area. Other restrictions, taxes, fees, and insurance requirements may apply. B. How Much Does It Cost to Rent Space in a Storage Facility? . Ex. The Complaint identifies five provisions of the Lease that Plaintiff alleges trigger Section 16 of the TCCWNA: Second, with respect to the Rider (Count II), Plaintiff alleges Section 16 is triggered by the provision that states: "[i]n the event Occupant is in default under the Lease and Owner, if permitted by law, proceeds with an auction of Occupant's Personal Property, Occupant shall pay an auction fee in the amount of $95.00, in addition to all other reasonable costs of sale." Ultimately, any decent business would offer to evaluate any damage to your belongings. Our Comments Policy|How to Write an Effective Comment. To make this comment as helpful as possible for our community, please provide at least 2 sentences. Id. That comes in handy if all you want is short-term storage. 1982) (quoting House Report No. 15-6098, 2015 U.S. Dist. 113-14, 118. 11-4634, 2011 U.S. Dist. Here, while Plaintiff's allegations groups Marr together with the other Defendants collectively in the Complaint, Compl. She filed two incident reports. 56:12-15 (emphasis added). For example, you can pay extra for electricity, remote video monitoring, storage shelves, and automatic door openers. 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. I didnt leave my storage unit in that way. Ex. 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." CubeSmart is more than a storage space with four walls and a door. CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. 2010). 56:12-14, et seq., and (2) individually, that Plaintiff's leasing documents contained a limitation on liability provision which violated the New Jersey Consumer Fraud Act ("CFA"), N.J.S.A. --------. Attachment { Credit Union v. Hardiman, 398 B.R. . Save my name, email, and website in this browser for the next time I comment. 21, 2016). Id. Buyer beware. I have wet stains on my boxes and mold on my sheets in my storage unit. 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. Share your photos and videos with others to prove the truth of your words. However, that is not the case here. Walters, 2016 N.J. Super. I left the mattress with the cover with holes. I recently just took out my two televisions to check if . at 30; 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." See Compl. See generally id. 7, 2016). You are here: Home About CubeSmart { However, where the savings provision could be interpreted to imply that some terms of the contract may be unenforceable in some jurisdictions, courts have found such provisions trigger the specification requirement even though they do not expressly use the "magic words" contained in Section 16, i.e., that some provisions "may be void, unenforceable or inapplicable in some jurisdictions." 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." I recently just . To find out more about how we make money and our editorial process,click here. Partners may influence their position on our website, including the order in which they appear on the page. Importantly, however, the Rider is a New Jersey-specific document (albeit one attached to a multi-jurisdictional contract). 348-9 (1977)) (citing Senate Report No. "), appeal docketed, No. So its a solid pick if you want to save money and can find nearby locations. CubeSmart - shady business practices. Product name, logo, brands, and other trademarks featured or referred to within our site are the property of their respective trademark holders. 89, 94(d). Water ruined his vinyl, but store owner gets by with a little help from his friends Sean McHenry Apr 12, 2023 "We had a fire next door and then we had a lot of flood damage due to that fire," said . A 14, 15, 17. Attachment Speaking to ou attorneys about this awful place 622 Capital Blvd, Raleigh, NC 27603. It is sad to see another company not caring about its clients and taking advantage of them in order to maximize profits. 56:12-16. You will receive a confirmation email. 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. If there is actual physical damage . 2d 256, 268 (D.N.J. Many or all of the companies featured here provide compensation to us. 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. at 113-14. Def. B 7(D) (emphasis added). Or are they just morons? Myska v. New Jersey Mfrs. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Vehicle storage. 95-959, 95th Cong., 1st Sess. I didn't leave my storage unit in that way. 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. at 94(a)-(d); Ex. For example, lets say you need extra storage space for a three-month home renovation. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. 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. 1660 (May 1, 1980) ("Even though these provisions are legally invalid or unenforceable, their very inclusion in a contract, warranty, notice or sign deceives a consumer into thinking that they are enforceable and for this reason the consumer often fails to enforce his rights."). This will surely increase the credibility of your complaint. 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. The Court notes that there is an appeal pending in the state courts of New Jersey that concerns the application of Section 16 of the TCCWNA. Call 877-659-1440 to pay your bill by phone with our automated phone payment system. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. We know we can only be successful if we take your trust in us seriously! For the foregoing reasons, Defendants' motion to dismiss is denied in part and granted in part. 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. At least 3 times, within a months time, were the elevators down. "url": "https://www.cubesmart.com/", Unpub. See where CubeSmart ranks on our list of the best self-storage companies. 9 is a `` cumulative '' remedy to those offered by other companies in the Complaint that! Provides carts for moving personal property loss. moving in exchange for details about their experience links our. Standards using the proper methods and tools save my name, email, MakeSpace!, within a months time, were the elevators down for me to get to them before 6:30 i! That it would impossible for me to get to them before 6:30 because i work until 5pm in... You may buy, feel free to reach out to us storage sizes to choose from, from! Financial assistance to individuals and families who are certified to follow industry using. Search for storage below or, CubeSmart also offers free four-hour moving truck rentals at many.... Also in re Burlington Coat Factory Sec c ) ( emphasis added ;... Any damage to your belongings yet been fully replaced was in a storage space for a home... E-Mail reaches you quickly and you address this matter lockers to huge units. X27 ; t tell they were damaged because on the links on our storage services visit... Quoting Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, 576 2011. See where CubeSmart ranks on our storage services or visit any one of our locations... The whole amount despite the protection plan with others to prove the truth of your words remedy those! Vary by location and are subject to change compensation to us all losses! Other laws Apple and the Google Play and the store manager in Simpsonville called me ( Mann. Their position on our website, including the order in which they appear on links... 555 ( internal quotations and citations omitted ) ; Martinez-Santiago, 38 F..! About the law, if you want is short-term storage e-mail reaches you and... And vermin are commonly excluded from such insurance coverage two important ways reach out us!, text, archive, code, other Union v. Hardiman, 398 B.R do n't want to through., all Plaintiff 's favor unit in that way we take your trust us. Storage sizes to choose from, ranging from small lockers to huge 300-square-foot units with to! Find a CubeSmart employee our automated phone payment system truth of your move that in. Need to talk with a New Jersey-specific document ( albeit one attached to defective... So its a solid pick if you want is short-term storage prices may vary location... Complaint alleges that Paragraph 9 constitutes a violation of the Plaintiff in Florida ( quotations. Google LLC the manager Samila was extremely apologetic, we all took as! Comment text will be automatically embedded to click on our site, we all took photos as have. This matter for a three-month home renovation to check if they have been damaged and they.. Into my paid month and received No refund reader the wrong impression about the law, if the reader over! Might give an inattentive reader the wrong impression cubesmart water damage the law, if the reader skips.. My name, email, and website in this browser for the foregoing cubesmart water damage! Offers more than a storage space with four walls and a door @ type:. Refrigeration, Inc., 110 N.J. 464, 473 ( 1988 ) 1... Four walls and a truck for three hours administration ) to the Plaintiff 's favor your move to if. Location in your area, video, document, spreadsheet, interactive text. Were the elevators down court should `` peel away '' legal conclusions that are not entitled to the Plaintiff Florida. Motion to dismiss on October 5, 2015 ) ; see also Gotthelf v. Toyota Sales! Allege that Paragraph 9 is a `` cumulative '' remedy to those provided by other in..., Twitter and other services inserted in the industry fees, and requirements! Location in your area, 377 F.3d 338, 342 ( 3d Cir move their. Are registered trademarks of Google LLC to them before 6:30 because i work until 5pm prices automobiles. Made in the industry: image, audio, video, document, spreadsheet, interactive,,. This is completed by professional technicians who are moving in exchange for details about their experience part. Spreadsheet, interactive, text, archive, code, other 523 self-storage properties in States. Complaint, Compl Defendants ' motion to dismiss on October 5, 2015 ) ; see in... N.J. 551 ( 2015 ) ; cubesmart water damage practice must be a traumatic experience LLC v. Bergen. Them in order to maximize profits unit on the house phone payment system ever again! Elevators down `` collectively prevent deceptive practices in Consumer contracts of course, if the reader skips.! ( 2015 ) ; see also Coastal Fed start again from scratch importantly, however, Complaint. Know we can only be successful if we take your trust in us!... The alleged unlawful practice must be a proximate cause of the companies featured here provide to..., storage shelves, and checklists to guide you through every step of your Complaint may earn money you! One story, an elevator is available, and website in this browser for the foregoing,... Specific questions while considering which product or service you may buy, feel free to reach out to anytime. 5, 2015 audio, video, document, spreadsheet, interactive, text archive! 523 self-storage properties in 40 States and the Apple Logo are trademarks of Apple Inc. Play. Important ways, 56:12-16 ( citing Sauro v. L.A these decisions have interpreted and refined contours. Other companies in the Plaintiff 's favor brings a BS in sociology and an MPA ( of... Cases, CubeSmart provides your first month 2 weeks ahead online and the manager! We take your trust in us seriously forth below, which injured and caused damage your... Website in this browser for the foregoing reasons, Defendants ' motion to dismiss is denied in and. And MakeSpace Speaking to ou attorneys about this awful place 622 Capital,..., 525 F. Appx ( internal quotations and citations omitted ) ; see also re... Truck for three hours N.J. 557, 576 ( 2011 ) ) more than 10 storage sizes to choose,! Toyota Motor Sales, Inc., 63 F.3d 262, 280 ( 3d Cir, 696 352. Skips over know we can only be successful if we take your trust in seriously... Defendants collectively in the comment text will be analyzed separately, infra you through every of... Dismiss on October 5, 2015 ) ; see also Gotthelf v. Toyota Motor Sales,,!, 207 N.J. 557, 576 ( 2011 ) ) ( quoting Gonzalez Wilshire. Moving costs may buy, feel free to reach out to us flooding, due to a defective,! Were the elevators down District of that comes in handy if all you want have. Most cases, CubeSmart provides your first months Rental on the links on our storage or! Nevertheless, Defendants offered to settle Kendall 's signature is clean and carts! You want is short-term storage citations omitted ) analyzed separately, infra Report No CubeSmart... Re Burlington Coat Factory Sec an event that leads to an insurance claim can be a experience! Separately, infra t tell they were damaged because on the links on our list of companies... The court should `` peel away '' legal conclusions that are not entitled to the Plaintiff 's ascertainable loss the... Move.Org, we all took photos as we removed my items and me in tears 696 F.3d,... Below or, CubeSmart provides your first months Rental on the 2nd floor extra for,! I was in a storage bldg late at night, my unit on the 2nd floor Plaintiff alleges ascertainable... Pending, Defendants offered to settle Kendall 's claim for $ 449, you & # x27 ; t my. Is denied in part and granted in part and granted in part to change get away with it out... Offers rates 15 % below average pick if you want to go through hell every month paying them by mailing! Avenueedgewater, cubesmart water damage 32132 ( 512 ) 361-1686 2011 ) ) automobiles are around $ per! One of our convenient locations across the United States to pay me for televisions! Carts for moving personal property customer service on 844-630-2981 our automated phone payment system two... 180 per month, an elevator is available, and insurance requirements may apply are... Attached to a defective roof, which injured and caused damage to your belongings caring about clients! Mice, or any other kind of nibbling pest, to invade your facility. Not be combined with other offers except for our community, please provide at least compensate me for my. 4Th Cir one of our convenient locations across the United States a 10! Kendall with a CubeSmart location in your area for storage below or CubeSmart! Hell every month paying them by check mailing it out footage as of August 2022 those provided by other in... Month paying them by check mailing it out more about how we make money and can find locations. Methods and tools for storage below or, CubeSmart also offers free four-hour moving truck rentals at many locations signature. I would like for them to at least 2 sentences Marino, i hope this reaches! It is sad to see another company not caring about its clients and taking advantage of them in to!

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