Q: I am the Landlord. My tenant said there was a settlement coming to her and I could get a lien claim for her past rent.
I sent the attorney the amount that was due, and he wrote and said, "This will acknowledge your lien for rent on (tenants) settlement. I will place it in her file and insure that you get paid when her case is settled." But the car accident case was settled, and proceeds were sent to the tenant, who has still paid nothing, and the attorney now says, "She has been paid her portion of the settlement proceeds and is responsible for the payment of whatever sum is owed to you. Please contact her directly to obtain payment of her past due rent." Am I out of luck? Should I not be able to enforce the attorney to make good on his written promise?
A: you should be able to as you relied on that, to your detriment. Technically you need to get a "letter of protection" but the lawyer saying "I will insure" is an undertaking to you.
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