A D.C. landlord has filed a $2.8 million lawsuit against model Tyra Banks and her business partner, claiming they abandoned a 10-year lease for a Smize & Dream ice-cream shop in Eastern Market.
The Origin of Smize & Dream
Tyra Banks founded Smize & Dream as a mobile ice-cream outlet in Dubai, then opened a pre-packaged shop in Los Angeles, California. The company’s first pop-up location opened in Washington, D.C., and a New York pop-up is slated for later this year.
Lease Negotiations and Signing
In March 2024, Christopher Powell, a landlord in Eastern Market, met with Banks and her partner, Louis Martin, to discuss opening the shop in his building. On April 17, 2024, Martin signed a 10-year commercial lease that would have secured the space for the ice-cream venture.
Alleged Abandonment and Unpaid Rent
According to Powell’s complaint, Banks and Martin abandoned the building in June 2024 and refused to pay rent, offering no explanation. Powell said he had made an extensive financial investment and spent months planning the opening, even rejecting other prospective tenants.
Legal and Financial Fallout
A few weeks later, Powell said he struggled to manage the legal and financial fallout from the abandonment. He noted that he had seen former Vice President Kamala Harris enjoying ice cream at a Smize & Dream pop-up a few miles away in Woodley Park.
Pop-Up Shop Opens
The Smize & Dream pop-up shop opened in July 2024. Banks said her mother inspired her to start the ice-cream business, and her brother-who lived in D.C. for 28 years while serving in the military-encouraged her to set up shop in the District.
Expansion to Sydney
In June of the same year, Banks opened a flagship Smize & Dream shop in Sydney, Australia, further extending the brand’s reach.
Letter of Lease Termination
Powell alleges that Banks and Martin sent a letter in September 2024 stating they were breaking the lease because they were promised the entire building, not just a portion. Powell maintains that only two retail spaces and two office spaces were available for rent on the building’s bottom three floors.
Motion to Dismiss
Banks and Martin filed a motion to dismiss in November, according to court documents. The court records also show that the pair sent a formal notice of lease termination on September 9, 2024, citing that the building had “myriad mechanical, electrical, and plumbing deficiencies” and was “not in good working order.”
Response Timeline
Banks and Martin claim that Powell did not respond to the notice until he sued in August of this year, as noted in the motion. On August 20, 2024, Powell demanded immediate payment. Martin and Banks replied with a letter denying any wrongdoing.
The $2.8 Million Lawsuit
In October, Powell filed the $2.8 million lawsuit against School of Smize LLC, Banks, and Martin in the U.S. District Court for the District of Columbia. Powell’s lawyer, Arziki Adamu, must respond to the motion by December 30.
Comments from Legal Representatives
News4 reached out to Smize & Dream and Powell’s lawyers for comment. Adamu said the firm has no additional comment at this time. Smize & Dream’s lawyer, Steven Jay Willner, has not yet responded.
Key Takeaways
- D.C. landlord Christopher Powell sues Tyra Banks and partner Louis Martin for $2.8 million over an abandoned 10-year lease.
- Banks’ Smize & Dream opened a pop-up in Eastern Market in July 2024 and a flagship in Sydney in June.
- The lawsuit cites unpaid rent, lease abandonment, and building deficiencies as grounds for the claim.
The case highlights the legal complexities that can arise when a high-profile entrepreneur enters a commercial lease agreement. The outcome will be closely watched by both the entertainment and real-estate communities.
