cubesmart water damage
For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. 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. 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. 17-18. Ex. LEXIS 119810, *15-16 (D.N.J. Bistrian v. Levi, 696 F.3d 352, 365 (3d Cir. 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. Many or all of the companies featured here provide compensation to us. She said I couldn't get in because my code wouldn't work. at 88, 94(c). |, Best Climate-Controlled Self-Storage Companies. LEXIS 498 at *16 ("If a consumer contract is or may be used in multiple jurisdictions and expressly states that any of its provisions are or may be void, unenforceable, or inapplicable in certain of those jurisdictions, the contract must specify how these provisions are void, unenforceable, or inapplicable in New Jersey."). "[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].'" 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. B 4 (emphasis added). I have escalated it to see if his supervisor returns a call. Ins. 31, 2015); Martinez-Santiago, 38 F. Supp. CubeSmart's self-storage offerings are similar to those offered by other companies in the industry. 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. Need a little extra comfort for your stuff? No. They don't care to take any action. 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." Its average cost of $160 per month is about 15% below average. N.J.S.A. 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. Just about every aspect of the experience is now in the palm of your hand. The TCCWNA's civil penalty is a "cumulative" remedy to those provided by other laws. at 38. New complaint. Feb. 13, 2013)) (emphasis added). Bottom line: CubeSmart is one of the nations best self-storage companies. To find out more about how we make money and our editorial process, click here. Defendants' argument that the Rider's provision would ultimately be construed in favor of consumers (and in accordance with the SSFA) if a consumer brought suit misses the point. I couldn't tell they were damaged because on the outside they seemed fine. at 18; Ex. CubeSmart has become a better storage unit company in the past year. Neither of my televisions is turning on and I think its due to the water. ComplaintsBoard.com is a leading complaint resolution website on the Internet. 2014). You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. I left the table and the four chairs that belong to my brother in law. 2A:44-193, L. 2013, c. 128, 3, eff. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. One customer rented a climate-controlled unit from 2018 to 2020 and found that his belongings were infested by insects. It also provides similar deals if you need professional movers to handle the heavy lifting. 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." . Div.) CubeSmart doesnt lock you into long-term contracts. ("The phrase 'unless prohibited by law' does not explicitly or impliedly state that the provisions may be invalid under New Jersey law. 2015). CubeSmart offers more than 10 storage sizes to choose from, ranging from small lockers to huge 300-square-foot units. 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. The maximum upload file size: 100 MB. Your email address will not be published. All units are available on month-to-month contracts, and rent is due on the first of each month. 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. 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. CubeSmart has a variety of vehicle storage units that fit everything from small motorcycles to extra-large recreational vehicles. Save my name, email, and website in this browser for the next time I comment. K. Nevertheless, Defendants offered to settle Kendall's claim for $5,000 and attached a General Release of Liability for Kendall's signature. LEXIS 156447 (D.N.J. 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." To make this comment as helpful as possible for our community, please provide at least 2 sentences. Id. In addition to its wide variety of storage options, CubeSmart can hook you up with professional movers and a moving truck. 200 North Ridgewood AvenueEdgewater, FL 32132 (512) 361-1686. We know we can only be successful if we take your trust in us seriously! 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." Unpub. Do they really think people put things in storage for two weeks? Id. 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. 's A-795-15; A-796-15. 458, 484 (App. 132, 135 (3d Cir. We offer storage, service, and solutions sure to exceed your expectations. Google YouTube TV I am trying without success to cancel a Subscription, ASAP Tickets Refusing refund the whole amount despite the protection plan, Family Dollar Fix the prices on the shelf so it rings up correctly at the register. In addition brown bugs (not sure if they were roaches) were scurrying around. 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. LEXIS 58144, *29-30 (D.N.J. Compl. The following companies are our partners in Storage Units:SpareFoot, andMakeSpace. Defendants' motion to dismiss Count III is granted, and Plaintiff's claim under the CFA is dismissed without prejudice. The Third Circuit requires a three-step analysis to meet the plausibility standard mandated by Twombly and Iqbal. Id. The maximum upload file size: 100 MB. 365. 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." Co., 440 N.J. Super. 2d 256, 268 (D.N.J. Therefore, this language does not implicate Section 16's specification requirement. Of course, if you want to go it alone, CubeSmart also offers free four-hour moving truck rentals at many locations. 2016) case opinion from the District of New Jersey US Federal District Court Accordingly, Defendants' motion to dismiss Count I of the Complaint, to the extent those accounts assert violations of Section 15 of the TCCWNA, N.J.S.A. Applying this test to the matter at hand, this Court holds that Plaintiff has failed to allege a violation of N.J.S.A. "itemListElement": Storage unit prices exclude a one-time administrative fee, monthly insurance costs, and special promotions. Data as of August 2022. To cancel your CubeSmart Self Storage subscription: Call customer service on 844-630-2981. 2d 451, 459 (D.N.J. And, if it did, then the company should have taken responsibility for the damage especially if you bought its insurance policy. Unpub. 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. Twombly, 550 U.S. at 555 (internal quotations and citations omitted). Id. I couldn't tell they were damaged because on the outside they seemed fine. (emphasis added); see also Coastal Fed. Compl. See In re Ins. at 19. at Ex. In contrast, Section 16's specification requirement is not implicated where the consumer contract, notice, or sign at issue is drafted specifically for use in New Jersey and controlled by New Jersey law. So its a solid pick if you want to save money and can find nearby locations. 348-9 (1977)) (citing Senate Report No. Drop file here. Prices range from about $60 per month for a small standard unit to around $280 for a large climate-controlled storage space. I moved out 2 days into my paid month and received no refund. 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. Unpub. Id. Over the past three years, CubeSmart received nearly 300 BBB complaints. BER-L-6105-15 at *7 (Law Div. Now I have to go through hell every month paying them by check mailing it out.
