Their candid reviews help us provide unique, real-life perspectives about the moving process. N.J.S.A. In addition brown bugs (not sure if they were roaches) were scurrying around. Id. 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. K. Nevertheless, Defendants offered to settle Kendall's claim for $5,000 and attached a General Release of Liability for Kendall's signature. See Sponsors' Statement, Statement to Assembly Bill No. SATURDAY 9/14/19 I discovered hundreds of mouse droppings in the entrance of the room where my storage is kept. Unpub. However, it trimmed prices even more during COVID-19, making monthly costs nearly, While many other companies added new storage facilities, theres no indication that CubeSmart has undergone significant growth over the past year. I have wet stains on my boxes and mold on my sheets in my storage unit. I left the mattress with the cover with holes. },{ A 14. In addition to its wide variety of storage options, CubeSmart can hook you up with professional movers and a moving truck. 56:12-16 are dismissed without prejudice. Water damage restoration is the process of returning the property's condition to its original state before water intrusion. Our brand, ConsumersAdvocate.org, stands for accuracy and helpful information. CubeSmart has some of the lowest prices in the storage unit industry. Get online access to: Manage your account. 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."). 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." Co., 188 N.J. Super. 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. 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. at 13, and that Marr set the policies and practices of Cubesmart complained of in the Complaint. Bank, 637 F. Supp. 15 Hits. Please enter the same email address you provided when you rented your storage unit. He brings a BS in sociology and an MPA (masters of public administration) to the Move team. Partners may influence their position on our website, including the order in which they appear on the page. We know we can only be successful if we take your trust in us seriously! Email Address. Mar. Id. (quoting Sauro, 2013 U.S. Dist. 2A:44-191(c)(1)-(5). Bell Atl. Watkins v. DineEquity, Inc., 591 F. Appx. Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464, 473 (1988) (quoting Ramanadham v. N.J. Mfrs. 2013) (quoting Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, 576 (2011)). Generally, when determining a motion under Rule 12(b)(6), the court may only consider the complaint and its attached exhibits. (Industry average is 4% annually) Manager simply doesn't care and is rude. When reviewing a motion to dismiss, courts must first separate the factual and legal elements of the claims, and accept all of the well-pleaded facts as true. Kendall used his rental unit to store furniture and other personal items. Unpub. We use cookies to provide necessary website functionality, improve your experience and analyze our traffic. 7, 2016). Compl. 348-9 (1977)) (citing Senate Report No. My daughters keep sake items were stained with droppings stuck on them. at 63- 64, Ex. 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." 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." 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." B 2. If there is actual physical damage . 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. You will receive a confirmation email. So its a solid pick if you want to save money and can find nearby locations. 56:12-16. To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. It's what elevates a career at CubeSmart above other jobs-storage, retail, customer service, corporate you name it. (citing Cooper Distrib. This will surely increase the credibility of your complaint. 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. Data as of August 2022. Castro, 114 F. Supp. New complaint. 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. 95-989, 95th Cong., 2d Sess. Unpub. My daughter owes her former landlord $5,000 for water damage, even though they ignored her requests to fix it. 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. Walters v. Dream Cars Nat'l, LLC, Dkt. I had to once carry HEAVY furniture up the stairs to the 2nd floor, just to get to my storage unit. 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. For the foregoing reasons, Defendants' motion to dismiss is denied in part and granted in part. That aside, when our unit experienced some minor water damage, the staff quickly alerted us and CubeSmart was prepared to address any damages via the insurance policy they required us to purchase. The floors had hundreds of huge rodent droppings. 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. 458, 484 (App. All content 2022 Move.org. Cubesmart submitted the claims to their insurance company requesting them to cover some of the losses and their insurance also denied the claims. at 109-10; Ex. As one court explained: The Court notes that while courts are in agreement that a contract that "implies" that its terms are unenforceable in any jurisdiction triggers Section 16's specification requirement, there is some disagreement regarding how such an implication is stated. I have escalated it to see if his supervisor returns a call. "position": 2, 's I, J. Id. 56:8-1, et seq. Aug. 23, 2013). A 15, and in the separate Rider, that Defendants' "sale or other disposition" will be pursuant to the SSFA, id. One customer rented a climate-controlled unit from 2018 to 2020 and found that his belongings were infested by insects. USE ANY OTHER STORAGE FACILITY!! 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." 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. 3d at 213. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. All units are available on month-to-month contracts, and rent is due on the first of each month. 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. Ask to speak with a representative. Defendants also provided Kendall with a New Jersey Rider ("Rider") when he executed the Lease. 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." 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. Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. Current customers are able to pay online. Id. See Kendall v. CubeSmart L.P., et al., No. We scheduled to come move into the 10 X 30 Unit on July 27. The following companies are our partners in Storage Units: SpareFoot, and MakeSpace. I didnt leave my storage unit in that way. 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. LEXIS 125209, at *10-11 (D.N.J. You are here: Home About CubeSmart { Plaintiff alleges that Paragraph 15 of the Lease, which provides, in relevant part, that if Plaintiff defaults on the Lease, "[t]he Owner may sell the personal Property . I. ." Stated another way, TCCWNA permits sellers to expand valid terms of a consumer contract so that they extend to the fullest degree allowed by law. To make this comment as helpful as possible for our community, please provide at least 2 sentences. Feb. 13, 2013)) (emphasis added). LEXIS 2197, *10 (Law Div. Ex A 15, violates a clearly established right under the SSFA. 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. Compl. Fortunately, none of our property was damaged seriously and CubeSmart did move us to a larger unit at the same price Cubesmart Delray Beach, FL has raised rates over 100% in less than two years. Reply Br. Accordingly, Defendants' motion to dismiss Plaintiff's claim that the provisions of Paragraph 15 of the Lease allowing private sales without notice violated Section 15 of the TCCWNA is denied. The maximum upload file size: 100 MB. Id. The following companies are our partners in Storage Units:SpareFoot, andMakeSpace. Mar. 3 out of 5 - based on 2 reviews CubeSmart Self Storage - FL Edgewater North Ridgewood Avenue. See In re Blakeley, 363 B.R. You must have insurance to store your belongings at a CubeSmart facility. 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 claim is facially plausible when there is sufficient factual content to draw a "reasonable inference that the defendant is liable for the misconduct alleged." 8-9. at 59-60; Ex. } ] 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. "name": "About CubeSmart" I told the lady that it would impossible for me to get to them before 6:30 because I work until 5pm. A. Kendall alleges that Defendants sent him monthly invoices for rent and annual rate change notices, which informed him of rent increases and that "[a]ll other terms of [the] rental agreement continue to remain in effect." Many or all of the companies featured here provide compensation to us. I couldn't tell they were damaged because on the outside they seemed fine. No votes so far! Cf. Nevertheless, Defendants argue that Paragraph 17 only provides that, in the event that Plaintiff files a bankruptcy petition, Defendants "may" at their "option" "declare this Lease to be in default and pursue the rights and remedies in Paragraph 15." I didn't leave my storage unit in that way. "In other words, the alleged unlawful practice must be a proximate cause of the plaintiff's ascertainable loss." The self-storage company consistently offers rates 15% below average. Any reference in this website to third party trademarks is to identify the corresponding third party goods and/or services. At least 3 times, within a months time, were the elevators down. 272, 276 (Bankr. Brokerage Antitrust Litig., 618 F.3d 300, 314 (3d Cir. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Good Morning Mr. Marino, I hope this e-mail reaches you quickly and you address this matter. Id. The TCCWNA's civil penalty is a "cumulative" remedy to those provided by other laws. Kurt Manwaring brings nearly a decades worth of research experience as a business consultant to the Move.org team. Now that's smart. Neither of my televisions is turning on and I think its due to the water. 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. Iqbal, 556 U.S. at 678. 's K, L. Kendall did not sign the General Release of Liability. 132, 135 (3d Cir. It also provides similar deals if you need professional movers to handle the heavy lifting. If you choose to click on the links on our site, we may receive compensation. 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. 365, in violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. 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. Div. |, Best Climate-Controlled Self-Storage Companies. at 31-32. I can't believe the insurance didn't cover mice. Offers and availability may vary and are subject to change. Plaintiff alleges that Paragraph 17 of the Lease, which provides that if Plaintiff files for bankruptcy Defendants may "declare this Lease to be in default and pursue the rights and remedies in Paragraph 15," Compl. Apple and the Apple Logo are registered trademarks of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC. BER-L-6105-15 at *7 (Law Div. 30, 33 (App. --------. To only have recently stop by and see the damage from water. 3d at 511 (finding that phrase "If any provision of this Lease/Rental Agreement shall be invalid or prohibited under [the law of the state where the rental property is located], such provision shall be ineffective only to the extent of such prohibition or invalidity" sufficiently implied unenforceability in some jurisdictions so as to trigger Section 16), with Greenberg v. Mahwah Sales and Services, Inc., Dkt. Plus, the storage company typically offers several discounts, including deals for military members and college students. CubeSmart offers specialized climate-controlled storage for easily-damaged items like furniture and electronics. Myska v. New Jersey Mfrs. A amplifier with other stereo parts was loaded with mouse droppings all over it. 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. 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." Our content is free because we may earn a commission when you click or make a purchase using our site. Drop file here. Id. I recently just took out my two televisions to check if they have been damaged and they did. This complaint was posted by a verified customer. Bistrian, 696 F.3d at 365 (quoting Iqbal, 556 U.S. at 679). 56:12-16 (emphasis added). But theyre too stupid to do it. There are three critical elements in any insurance-claim process. Ultimately, any decent business would offer to evaluate any damage to your belongings. CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. Here, while Plaintiff's allegations groups Marr together with the other Defendants collectively in the Complaint, Compl. The allegations that are specific to Marr allege only that Marr is the President of Cubesmart, id. "@id": "https://www.cubesmart.com/", { Co., 440 N.J. Super. For coverage over $5,000, you need to talk with a CubeSmart employee. I would like for someone to pay me for my televisions that have been damaged as well as the mold on my clothes. In the event that the New Jersey Supreme Court provides a different interpretation of the TCCWNA during the pendency of this case, under which Plaintiff's Section 16 claims would be sufficient, Plaintiff may seek leave to file an amended complaint to re-assert his claims that the savings clauses contained in the Lease and Rider violate Section 16 of the TCCWNA. Save my name, email, and website in this browser for the next time I comment. Compl. Defendants' motion to dismiss Count III is granted, and Plaintiff's claim under the CFA is dismissed without prejudice. Some facilities offer climate-controlled units as well. Store or abandon hazardous materials in the Cube including, without limitation, substances that are toxic, reactive, volatile, flammable, explosive, hazardous, or corrosive, or that are, at any time, regulated by state, Federal or local authorities. CubeSmart, a REIT (Real Estate Investment Trust), operates more than 1200 self-storage facilities. Send a Check In re Rose, 21 B.R. We used the Cubesmart on Grand Street in Elizabeth, NJ (027) for about 9 months. . 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. Indeed, when the contract, notice, or sign is a New Jersey-specific document, the savings language merely "operates as a severability clause, protecting the remainder of the contract should some portion of it be declared void or unenforceable." For example, when company ranking is subjective (meaning two companies are very close) our advertising partners may be ranked higher. We offer storage, service, and solutions sure to exceed your expectations. at 40-43; Ex. "), with Martinez-Santiago, 38 F. Supp. Ex. 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." Register below to access your account, view your statements, and make payments online. For example, lets say you need extra storage space for a three-month home renovation. 3 } 2 3. . That comes in handy if all you want is short-term storage. However, with respect to the second element, Plaintiff has only identified one provision which "state[s]," either expressly or implicitly, that any of its provisions may be void, unenforceable, or inapplicable in some jurisdictions. 101, Ex. But sellers cannot include invalid terms, discouraging consumers from exercising their clearly established rights and, at the same time, avoid liability under TCCWNA by including general assurances that those terms of the consumer contract would only be exercised in compliance with applicable law. We know we can only be successful if we take your trust in us seriously! 2012). The CubeSmart Mobile App. Account Number. 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. W. Va. 2008), aff'd, 591 F.3d 308 (4th Cir. Applying this test to the matter at hand, this Court holds that Plaintiff has failed to allege a violation of N.J.S.A. Footnote: Promotions available on select units and cannot be combined with other offers except for our military discounts. And the Lease fails to specify anywhere which terms are or are not void, unenforceable, or inapplicable in New Jersey. CubeSmart teammates strive to make our customers' lives easier with innovative self-storage solutions, award-winning customer service, and genuine care. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. Therefore, even if this Court were to hold that any enforcement of this right would have to be asserted by the debtor/consumer's prospective bankruptcy estate, that does not relieve Defendants of the responsibility to refrain from offering contracts containing ipso facto provisions to consumers.
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