541, and, therefore, any "right" implicated by this provision of the Lease would belong to the bankruptcy estate and not Plaintiff as the debtor. 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. I couldn't tell they were damaged . 's I, J. CubeSmart routinely offers promotions in some facilities; consumers should check with the specific location to see if any other discounts apply. Id. 8-9. No votes so far! See In re Blakeley, 363 B.R. Defendants also provided Kendall with a New Jersey Rider ("Rider") when he executed the Lease. Account Number. 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." 2010). Dist., 377 F.3d 338, 342 (3d Cir. So while it's affordable to get coverage for basic household items like furniture and books, expect to pay more for collectible items valued well above $5,000. Some facilities offer climate-controlled units as well. CubeSmart has become a better storage unit company in the past year. See Sponsors' Statement, Statement to Assembly Bill No. However, in 2013, after Plaintiff executed the Lease, the New Jersey Legislature amended the SSFA to require that liability limitations like the one contained in Paragraph 9 of the Lease be "printed in bold type or underlined in the rental agreement." 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. The TCCWNA's civil penalty is a "cumulative" remedy to those provided by other laws. Neither of my televisions is turning on and I think its due to the water. New complaint. LEXIS 41512, *19-20 (D.N.J. Average CubeSmart self-storage prices for automobiles are around $180 per month. We sometimes offer premium or additional placements on our website and in our marketing materials to our advertising partners. 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. That comes in handy if all you want is short-term storage. 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. Id. See where CubeSmart ranks on our list of the best self-storage companies. Id. I also have two televisions in there and so I don't know where the water came from. "@type": "BreadcrumbList", Id. To find out more about how we make money and our editorial process, click here. ComplaintsBoard.com is a leading complaint resolution website on the Internet. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. WE have not broke the news to my mother in law that she will no longer have it when she moves back to NY. Product name, logo, brands, and other trademarks featured or referred to within our site are the property of their respective trademark holders. Kurt Manwaring brings nearly a decades worth of research experience as a business consultant to the Move.org team. 91, the Complaint is clear that Plaintiff leased the rental unit from U-Store-It, "an associated name of Defendant CubeSmart Asset Management, LLC." My unit was broken into in Jan 2023 because they didn't fix the front locks for months. Section 15 of the TCCWNA provides, in relevant part, that: At the outset, Plaintiff must identify which provisions of the relevant documents he alleges violate a clearly established right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee. at 13-15. Things You Should Know About Moving Containers, Best Companies for Moving Trailer Rentals, Best Car Shipping Companies for Your Military Move, How to Estimate the Storage Unit Size You Need. Attachment See Skypala v. Mortgage Electronic Reg. 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. 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. CubeSmart has hundreds of locations across the country. View Top 10 List How is CubeSmart rated? The Complaint also asserts an individual claim (Count III) alleging that Defendants violated the CFA, and requests the "replacement cost of Plaintiff's damaged personal property" and the "cost of moving Plaintiff's damaged personal property from Defendants' New Brunswick location to his home in Florida for storage," id. 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. 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. Instead, the Rider provides that "If, as a result of Occupant's default, Owner proceeds with a public sale of the Personal Property pursuant to N.J.S.A. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. III.B. We are in the middle of a long move (3 hours) and thought that would make it easier. 541(c), 363(l) and 365(e).") So its a solid pick if you want to save money and can find nearby locations. LEXIS 114955, *10-11 (D.N.J. At Move.org, we offer financial assistance to individuals and families who are moving in exchange for details about their experience. "item": For coverage over $5,000, you need to talk with a CubeSmart employee. at 54, 57-58. Id. With storage locations nationwide, youre sure to find a CubeSmart location in your area. Salmafaisal23 on 17 November 2021 about CubeSmart in category Public Buildings & Spaces. Business. Accordingly, Count III of the Complaint is dismissed without prejudice. CubeSmarts maximum grace period is 30 days. Where facilities have more than one story, an elevator is available, and many others have drive-up access to ground-level outdoor units. Id. I left the mattress with the cover with holes. CubeSmart, a REIT (Real Estate Investment Trust), operates more than 1200 self-storage facilities. Mar. "@type": "ListItem", We offer storage, service, and solutions sure to exceed your expectations. CubeSmart's self-storage offerings are similar to those offered by other companies in the industry. ET First Published: April . 132, 135 (3d Cir. Holiday and seasonal promotions. Data as of August 2022. Id. I recently just took out my two televisions to check if they have been damaged and they did. USE ANY OTHER STORAGE FACILITY!! 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."). Once your rent is a month late, the self-storage company will lock your unit and conduct a storage auction. 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." 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." Id. Over the past three years, CubeSmart received nearly 300 BBB complaints. Mar. due to water damage and mold and will now have to start again from scratch. at 113-14. You are here: Home About CubeSmart { Id. For the foregoing reasons, Defendants' motion to dismiss is denied in part and granted in part. Instead, it lets you rent storage space on a monthly basis. The elevators are often broken. N.J.S.A. 13-0929, 2015 U.S. Dist. See Gomes v. Extra Space Storage, Inc., No. 56:12-17. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. CubeSmart has some of the lowest prices in the storage unit industry. However, each section affords different protections and may arise from different harms." As discussed in more detail below, Plaintiff has sufficiently alleged that these provisions violate clearly established legal rights of a consumer and/or responsibilities of a seller, lessor, creditor, lender or bailee. Your email address will not be published. Submit a complaint and get your issue resolved. My daughters keep sake items were stained with droppings stuck on them. Bistrian, 696 F.3d at 365 (quoting Iqbal, 556 U.S. at 679). 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 . See Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. Plaintiff alleges his ascertainable loss is the value of his personal property and moving costs. Ex. Our content is free because we may earn a commission when you click or make a purchase using our site. Civil Action No. CubeSmart 395 Brook Ave, Bronx, 32 Complaints and Reviews - ComplaintsBoard.com CB Real Estate CubeSmart 395 Brook Ave, Bronx, NY, 10454, US CubeSmart Company CubeSmart 1 complaint File a complaint Branch address 395 Brook Ave, Bronx, NY, 10454, US Phone number +1 (718) 292-4888 Category Real Estate Working hours Fri 9:00 am - 5:45 pm 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. The gates were closed and only the office was open. Compensation, along with hours of in-depth editorial research, determines where & how companies appear below. Be the first to rate this post. No. 17-18. Do NOT rent from this organization. These include: First month for $1 and 15% off monthly rental cost when you make your rental reservation online. This complaint was posted by a verified customer. Plaintiff's claims alleging violations of N.J.S.A. 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. Jan. 8, 2016) (Wilson, J.) 56:12-15, is denied. Br. Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. 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