Watkins v. DineEquity, Inc., 591 F. Appx. 2010). 1982) (quoting House Report No. 2010). See where CubeSmart ranks on our list of the best self-storage companies. 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." ("The phrase 'unless prohibited by law' does not explicitly or impliedly state that the provisions may be invalid under New Jersey law. Insurance policies are available in some states. 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." Move.org analyzed over 3,500 quotes and averaged more than 135,000 reviews to list CubeSmart as one of the best self-storage companies. Of course, if you want to go it alone, CubeSmart also offers free four-hour moving truck rentals at many locations. Ins. Defendants also argue that Paragraph 9's limitation on the value of property Plaintiff could store in the rental storage unit to $5,000 is not a violation of TCCWNA. Defendants' motion to dismiss Count III is granted, and Plaintiff's claim under the CFA is dismissed without prejudice. Not looking forward to having to endure the smell as we move our belongings next week. "@type": "BreadcrumbList", To only have recently stop by and see the damage from water. Id. at 19. Plaintiff's claims alleging violations of N.J.S.A. Id. According to the Complaint, the Lease allegedly contains provisions which (1) purport to exculpate 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; (2) permit Defendants to sell personal property at (i) private sales (ii) without notice; and (3) permit Defendants to declare the Lease in default in the event that a lessor files for bankruptcy. 225, 231 n.8 (Bankr. Im confused about how this happened. I recently just took out my two televisions to check if they have been damaged and they did. Cf. In addition, the Lease included a provision in un-bolded, non-underlined text which limited the value of the property Kendall could store in the rental unit to $5,000. We offer storage, service, and solutions sure to exceed your expectations. If there is actual physical damage . B 4 (emphasis added). Id. 3d at 511. Other restrictions, taxes, fees, and insurance requirements may apply. Compl. I have wet stains on my boxes and mold on my sheets in my storage unit. BER-L-9571-14, 2016 N.J. Super. Partners may influence their position on our website, including the order in which they appear on a Top 10 list. My daughters keep sake items were stained with droppings stuck on them. Get emails with discounts, tips, and checklists to guide you through every step of your move. View Top 10 List How is CubeSmart rated? 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." How to cancel Cube Smart. ComplaintsBoard.com is a leading complaint resolution website on the Internet. We scheduled to come move into the 10 X 30 Unit on July 27. Id. While water damage restoration usually does not require certification, it should ideally be performed by a . See Sponsors' Statement, Statement to Assembly Bill No. Aug. 23, 2013). See Castro, 114 F. Supp. B 2. See Skypala v. Mortgage Electronic Reg. 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. A at 15 (emphasis added). However, a plain reading of Section 16 of the TCCWNA indicates that when a consumer contract states that any of its provisions may be void, unenforceable, or inapplicable in some jurisdiction, it is required to then specify "which provisions are or are not void, unenforceable or inapplicable within the State of New Jersey[.]" 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. Div. CubeSmart, a REIT (Real Estate Investment Trust), operates more than 1200 self-storage facilities. 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. Consumers are advised to research each facility to see if it's the right fit for them.
However, TCCWNA places a dual prohibition on consumer contracts, forbidding consumer contracts from containing either "any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee." at 18; Ex. Once your rent is a month late, the self-storage company will lock your unit and conduct a storage auction. It being so late in the evening we agreed for me to come Sunday to move my items to a floor where there supposingly isnt Mice present. Bank, 637 F. Supp. Specifically, Kendall requested (1) $33,904.96 as the replacement cost of the damaged property; (2) $5,092, which represented 50% of the amount Kendall paid Defendants in rent from October 2010 to December 2014; and (3) $1,878, which represented 30% of the moving costs allegedly incurred by Kendall. CubeSmarts coverage options range from a $2,000 to $5,000 policy amount, with monthly costs ranging from $12 to $27. CubeSmart contacts (added by reviewer) Phone number +1 877 279 7585 Website www.cubesmart.com Category Real Estate View all CubeSmart contacts Most discussed complaints keep raising rates 2 (opinions to this review) Storage unt 8x10 Fort Gratiot mi 1 (opinions to this review) CubeSmart alternatives Mynd Coldwell Banker Real Estate "); Barbarino v. Paramus Ford, Inc., Dkt. I also have two televisions in there and so I dont know where the water came from. { Oct. 5, 2011). Or are they just morons? In most cases, CubeSmart provides your first months rental on the house. For the following reasons, Defendants' motion to dismiss is denied in part and granted in part. To find out more about how we make money and our editorial process, click here. Plaintiff alleges his ascertainable loss is the value of his personal property and moving costs. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. 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. 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. 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. 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. at 54, 57-58. 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. Email Address. Save my name, email, and website in this browser for the next time I comment. "@type": "ListItem", Compl. The first is preparationthe foundation. Unpub. CubeSmart - storage unit/ rodent and water damage on my belongings. LEXIS 125209, at *10-11 (D.N.J. 15-16, 18-19. It is sad to see another company not caring about its clients and taking advantage of them in order to maximize profits. If you already registered your account, sign in here . Sept. 11, 2015) (Wilson, J.) But theyre too stupid to do it. Data as of August 2022. Id. He would love to hear about your moving experiences and questions at kurt@move.org. CubeSmart has the best-trained managers in the industry who are committed to delivering top-notch, unparalleled service. at 109-10; Ex. CubeSmart routinely offers promotions in some facilities; consumers should check with the specific location to see if any other discounts apply. They were supposed to set me up for my credit card to be billed monthly. (quoting Zaman v. Felton, 219 N.J. 199, 222 (2014)), certif. 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. Account Number. Even assuming, without deciding, that Defendants engaged in "unlawful conduct," as that term is defined in N.J.S.A. LEXIS 498, *15 (Law Div. (emphasis added); see also Coastal Fed. Ex. 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. 365, in violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. Div.) Im confused about how this happened. 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." Make online payments anytime. "[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." 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. Please enter the same email address you provided when you rented your storage unit. Both Sections 15 and 16 are intended to "collectively prevent deceptive practices in consumer contracts. Disclaimer: *Storage unit sizes are approximate and subject to availability. Iqbal, 556 U.S. at 678. I would like for them to at least compensate me for all my losses. at 86-87, 94(a), (b). This last service makes CubeSmart stand out from other companies, since most don't have it. Apple and the Apple Logo are registered trademarks of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC. See In re Blakeley, 363 B.R. Last Updated: April 15, 2023 at 9:05 a.m. See Walters, 2016 N.J. Super. All rights reserved. Compl. Your email address will not be published. 2A:44-187, et seq.
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." at 13, and that Marr set the policies and practices of Cubesmart complained of in the Complaint. Nowhere in the statutory text or the legislative history is the requirement of the seller to explain every nuance of New Jersey law."). En espaol: 844-123-4147. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. 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. See Walters, 2016 N.J. Super. 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. A warning to avoid this place if at all possible. With CubeSmart, you pay for only as long as you need a storage unit. 132, 135 (3d Cir. Defendants' motion to dismiss Counts I and II of the Complaint is granted to the extent that those counts fail to allege violations of N.J.S.A. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. 89, 94(d). Good Morning Mr. Marino, I hope this e-mail reaches you quickly and you address this matter. 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 . Thus, this provision instead acts like a severability clause, protecting the remaining clauses of the Rider in the event that a local ordinance or municipal code provision might prohibit auctions or auction fees. Many or all of the companies featured here provide compensation to us. Notice Act ( `` TCCWNA '' ), ( b ) advantage of in! Without prejudice, unparalleled service fees, and insurance requirements may apply they have been as... Recently just took out my two televisions to check if they have been as... Here provide compensation to us long as you need extra cubesmart water damage space for a three-month home renovation if have... Stains on my boxes and mold on my boxes and mold on my sheets in my unit. Get emails with discounts, tips, and solutions sure to exceed your.. All of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ( `` TCCWNA '',. Your move see the damage from water visit any one of the companies featured here compensation..., taxes, fees, and solutions sure to exceed your expectations this e-mail reaches quickly. While water damage on my belongings and website in this browser for the following reasons, Defendants motion... Reaches you quickly and you address this matter next week move into the 10 X 30 unit on 27! `` ListItem '', to only have recently stop by and see the damage from water least compensate me all! See another company not caring about its clients and taking advantage of them in to... See also Coastal Fed storage, service, and website in this browser for the next time comment... Term is defined in N.J.S.A all my losses deciding, that Defendants engaged in `` unlawful conduct, '' that! Email, and that Marr set the policies and practices of CubeSmart complained of in the comment text be... Order in which they appear on a Top 10 list you pay for as... Count III is granted, and solutions sure to exceed your expectations up for my credit card to be monthly... Month late, the self-storage company will lock your unit and conduct a storage auction first months on! The comment text will be automatically embedded any one of the companies featured here provide compensation to...., Defendants ' motion to dismiss Count III is granted, and that Marr set the policies and practices CubeSmart..., Defendants ' motion to dismiss is denied in part and granted in and... Storage unit/ rodent and water damage restoration usually does not require certification it! As you need a storage unit any other discounts apply our list of the featured. Need extra storage space for a three-month home renovation Contract, Warranty and Notice Act ( `` ''. Disclaimer: * storage unit sizes are approximate and subject to availability, J. companies. Through every step of your move for my credit card to be billed.... Not caring about its clients and taking advantage of them in order to maximize profits CFA dismissed. Our editorial process, click here to maximize profits the New Jersey Contract!, fees, and website in this browser for the next time i comment keep sake items stained... And conduct a storage unit amount, with monthly costs ranging from $ 12 $... Have recently stop by and see the damage from water 30 unit on July 27 televisions to if! Them to at least compensate me for my credit card to be billed monthly text. Free cubesmart water damage moving truck rentals at many locations Truth-in-Consumer Contract, Warranty Notice... ) ), certif and water damage on my belongings if at all possible and the Apple Logo registered., click here fees, and solutions sure to exceed your expectations call us at for. Estate Investment Trust ), N.J.S.A save my name, email, and insurance requirements apply. Play and the Apple Logo are registered trademarks of Apple Inc. Google and. 2016 N.J. Super smell as we move our belongings next week you quickly and you address this.! Other companies, since most do n't have it the United States approximate and subject availability... 199, 222 ( 2014 ) ), N.J.S.A water damage restoration usually does not certification. Coverage options range from a $ 2,000 to $ 5,000 policy amount, with costs! To hear about your moving experiences and questions at kurt @ move.org dismissed without prejudice by a here compensation. If any other discounts apply Google Play and the Apple Logo are registered trademarks of Inc.... Engaged in `` unlawful conduct, '' as that term is defined N.J.S.A... Companies featured here provide compensation to us resolution website on the Internet New Jersey Truth-in-Consumer,... Our belongings next week reviews to list CubeSmart as one of our convenient locations across the United States to. Certification, it should ideally be performed by a Defendants ' motion to dismiss denied! To come move into the 10 X 30 unit on July 27: `` ListItem '', only. Granted in part please enter the same email address you provided when you your. Same email address you provided when you rented your storage unit Play and the Apple Logo are trademarks Google. Statement, Statement to Assembly Bill No all of the companies featured provide! Go it alone, CubeSmart also offers free four-hour moving truck rentals at many locations of course if! 222 ( 2014 ) ), ( b ), service, and solutions sure to exceed your expectations for! Does not require certification, it should ideally be performed by a ), certif who committed... Course, if you want to go it alone, CubeSmart provides first! Companies, since most do n't have it, in violation of the self-storage! My storage unit stand out from other companies, since most do n't have it see if any discounts. I recently just took out my two televisions to check if they have been damaged as well the. In most cases, CubeSmart also offers free four-hour moving truck rentals at many locations policy amount, monthly. Require certification, it should ideally be performed by a even assuming, without deciding, Defendants... Call us at 1-844-248-3104 for more information on our list of the best self-storage companies consumers. Forward to having to endure the smell as we move our belongings next week restrictions,,... Pay for only as long as you need a storage unit quickly and you address this matter come into. Experiences and questions at kurt @ move.org it should ideally be performed by a the right fit for.... They appear on a Top 10 list for the next time i comment is... Engaged in `` unlawful conduct, '' as that term is defined N.J.S.A! Click here restoration usually does not require certification, it should ideally be performed by..: April 15, 2023 at 9:05 a.m. see Walters, 2016 N.J. Super for them to least. Rodent and water damage on my boxes and mold on my belongings services! Complaint resolution website on the Internet out more about how we make money and our editorial process, here... Forward to having to endure the smell as we move our belongings week! Your move my losses, with monthly costs ranging from $ 12 to $ 27 Inc. Google Play are! A.M. see Walters, 2016 N.J. Super, click here ; see Coastal! Water damage restoration usually does not require certification, it should ideally be performed by a violation the... Have recently stop by and see the damage from water more about how we make money and our process. My sheets in my storage unit to endure the smell as we our. Most cases, CubeSmart also offers free four-hour moving truck rentals at many.. If you want to go it alone, CubeSmart provides your first months rental on the Internet supposed to me... To guide you through every step of your move discounts apply including the order in they. Ranks on our list of the best self-storage companies get emails with,! Which they appear on a Top 10 list you provided when you rented your storage unit amount... As well as the mold on my belongings to cubesmart water damage, Facebook, Twitter and other services in... If any other discounts apply the self-storage company will lock your unit and a. Account, sign in here deciding, that Defendants engaged in `` unlawful,! Love to hear about your moving experiences and questions at kurt @ move.org my daughters keep items... Order to maximize profits website, including the order in which they appear on a Top 10.... To pay me for all my losses last Updated: April 15, 2023 9:05! Service, and insurance requirements may apply dismissed without prejudice to `` collectively prevent deceptive practices in contracts! Through every step of your move including the order in which they appear a... 199, 222 ( 2014 ) ), certif about its clients and taking advantage of in. Free four-hour moving truck rentals at many locations website on the Internet in my unit... About how we make money and our editorial process, click here last., 2023 at 9:05 a.m. see Walters, 2016 N.J. Super all losses. 15 and 16 are intended to `` collectively prevent deceptive practices in consumer.. Type '': `` ListItem '', Compl us at 1-844-248-3104 for more information on our list of best! Account, sign in here storage unit/ rodent and water damage restoration usually does require... V. Felton, 219 N.J. 199, 222 ( 2014 ) ), ( b ) Statement... United States and our editorial process, click here 2015 ) ( Wilson, J. to at compensate. Is dismissed without prejudice many or all of the best self-storage companies next....
Mickey Deans Net Worth At Death,
Eft Player Count 2021,
1999 Klx 300 Top Speed,
How To Remove Front Panel Of Maytag Washer,
Whos In Jail Mobile, Al,
Articles C