A 2016 murder at a short-term rental sparked a pair of lawsuits that bear on lodging owners’ duties and businesses.

Alexander Styller rented his 5,000-square-foot mansion in Lynnfield, with its spacious patio and heated in-ground pool, to short-term renters planning a party over the 2016 Memorial Day weekend. The results were disastrous. 

The renters advertised their Saturday event on social media as the “Splash Mansion Pool Party” open to “Special Invitation & Girls Only.” Scores of revelers attended, including Keivan Heath, who arrived at about 7 p.m. Two hours later, neighbors complained to local police about cars obstructing the driveway. The police came, addressed the situation, then left. 

By 1 a.m. Sunday, more than 100 people were at the party. Police were again called to Styller’s mansion at 3 a.m., responding to reports of a shooting. As party guests fled, first responders found an unresponsive Heath with two bullet holes in his chest. He was pronounced dead at a local hospital. Heath’s killer remains unknown. 

Suit Over Murder Dismissed 

Following this tragedy, the Lynnfield building inspector issued a cease-and-desist order against Styller’s use of his mansion for short-term rentals, and the town amended its zoning bylaw to specifically ban the practice generally. In Styller v. Lynnfield Zoning Board of Appeals, Styller challenged these actions in Land Court. Meanwhile, in Heath-Latson v. Styller, Heath’s bereaved mother sued Styller for wrongful death in Superior Court, claiming that Styller was legally responsible for her son’s death. The Land Court upheld the town’s zoning actions, and the Superior Court dismissed the wrongful death suit. Both decisions were appealed to the Massachusetts Supreme Judicial Court, which affirmed them on June 7.  

In the wrongful death suit, the SJC noted that for Styller to be liable for Heath’s death, Heath’s mother had to show that Styller (who did not attend the party) owed a duty of reasonable care to Heath, that Styller breached that duty and that Heath’s death was caused by the Styller’s breach. The SJC explained that property owners’ duty of care to visitors depends on the foreseeability of the risk of harm that owners can prevent. 

Although Styller had a duty to maintain his property in a reasonably safe condition, that duty generally does not require property owners to protect visitors from unlawful acts of others. There are exceptions to this general rule. For example, property owners have a duty to protect their visitors from third persons if they have special relationships with visitors, such as hotel owners have with their guests, or if they know that their properties are in high-crime areas. 

But according to the SJC, Styller had no special relationship with Heath which supported the wrongful death claim, and Styller had no control over the mansion during the short-term rental. The SJC ruled that Styller owed no duty to protect Heath from the shooter, and affirmed the Superior Court’s dismissal of the wrongful death suit. 

SJC Backs Town’s STR Ban 

Styller had less success in the zoning suit. After commencing that suit, Styller sold his mansion. Therefore, as a preliminary matter, Styller had to argue that he had standing to maintain the suit. The SJC ruled that Styller had standing as of the date that he filed suit and he did not lose standing after the sale.  

Christopher Vaccaro

Turning to the substance of Styller’s zoning claim, the SJC observed that the town’s zoning bylaw at all times prohibited uses of property not specifically authorized. The bylaw allowed Styller to use his property as of right only as a single-family residence. Styller argued that short-term rentals fell within the single-family residence use before the zoning amendment expressly banned short-term rentals. According to Styller, his short-term rentals were a legal pre-existing use, so the building inspector and the bylaw amendment could not stop him from continuing that use. The town argued that regardless of the amendment, Styller’s short-term rentals violated the zoning bylaw, because the bylaw did not expressly allow that use.  

The SJC deferred to the town’s interpretation of its zoning bylaw, stating that short-term rentals are “inconsistent with the zoning purposes of the single-family residence zoning district” which is intended to protect the residential character of Styller’s neighborhood. The SJC concluded that short-term rentals were prohibited under the zoning bylaw prior to the amendment, and affirmed the land court’s judgment against Styller. 

The two SJC decisions are well-reasoned, but justice has not been served. Keivan Heath was shot dead at a house party attended by over 100 other people. It is troubling that the identity of his killer remains unknown five years later. 

Christopher R. Vaccaro, Esq. is a partner at Dalton & Finegold, L.L.P. in Andover. His email address is cvaccaro@dfllp.com.