What does vacate mean in law?
Asked by: Miss Cathy Luettgen | Last update: February 11, 2025Score: 4.4/5 (40 votes)
In civil and criminal legal proceedings , vacate means to set aside or annul a previous judgment or order . Vacate is also used in property law to indicate the surrender or leaving of the premises . For examples of its usage, refer to Sears v. Upton (pertaining to a judgment) and Thorpe v.
What does the legal term vacate mean?
Definition: Vacate means to leave a place or property. In legal terms, it can also mean to cancel or set aside a previous decision or order. Illustrative caselaw: Sears v. Upton, 130 S.
Does vacate mean cancel?
If you did not go to your small claims court date, you can ask the court to cancel (vacate) what the judge decided that day and get a new court date.
What is the meaning of for vacate?
to leave a room, building, chair, etc. so that it is available for other people: Hotel guests are requested to vacate their rooms by noon.
What is an example of vacated?
(of a place) given up or left by whoever was occupying it: I had to clean the vacated rooms and prepare them for the newcomers. (of an office or position) given up or relinquished: The final deadline for applications to the newly vacated position of Project Manager is January 13th.
What Does Vacate Mean In Court? - CountyOffice.org
What happens after a case is vacated?
A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment. Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted.
Is vacated the same as innocent?
No, Having A Conviction Vacated Doesn't Mean “Acquitted”
Effectively, vacating a conviction is a legal way to have the first trial and subsequent conviction “annulled”- legally speaking, it would be as if they never happened.
What is the difference between eviction and vacate?
A notice to vacate is written when either party decides to end the relationship (for a good or bad reason or none at all). An eviction requires court action to remove the tenant from the property.
What is another word for vacate in law?
“vacate a death sentence” synonyms: annul, countermand, lift, overturn, repeal, rescind, reverse, revoke. types: go back on, renege, renege on, renegue on.
What is the most likely meaning of the word vacate?
: to deprive of an incumbent or occupant. b. : to give up the incumbency or occupancy of. 2. : to make legally void : annul.
What is a rule to vacate?
A notice to vacate is a legal document sent by landlords to tenants stating that they have canceled the rental agreement and want a tenant to move out of the premises by a specific date. All states allow landlords to send a notice to vacate when the tenant: Fails to pay the rent. Damages the property.
What does it mean when a pretrial is vacated?
Vacated is simply the formal term some courts use to describe that a specific scheduled appearance is canceled. In California, the courts always use this term: “Hearing on May 4th is vacated and set to May 11th.” “Plea has been accepted in open court.
What does fully vacate mean?
Full Vacate Date means the date on which all lessees, sub-lessees or occupants (except for Tenant) using or occupying any portion of the Building or Land other than the Exiting Space have fully and legally vacated and surrendered their respective demised premises and removed their personal property and left same in ...
What does vacant mean in court?
Vacant is a term used to describe both (1) empty, unclaimed, and/or unoccupied real property and (2) an abandoned estate , which refers to an estate that has no heirs or claimants. It is often used in property law .
What does it mean to vacate a contract?
To vacate means to cancel or remove a legal decision or order, making it as if it never happened. In normal language you would also say "cancel" instead of "vacate"
What does it mean when a disposition is vacated?
Vacated: means the court has withdrawn the guilty plea or set aside the guilty verdict, and for all purposes you may state you have never been convicted of that crime.
What is vacated in legal terms?
In civil and criminal legal proceedings , vacate means to set aside or annul a previous judgment or order . Vacate is also used in property law to indicate the surrender or leaving of the premises .
What is the difference between vacate and dismiss?
'Vacating' or 'setting aside' is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or 'no contest' judgment). On the other hand, 'dismissing' applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.
What is an example of vacate?
to give up or relinquish (an office, position, etc.): She recently vacated her position as president of the organization.
Is a notice to vacate legally binding?
In California, once a tenant has given a notice of intent to vacate, they are typically bound by this notice. However, if the tenant wishes to rescind their notice, it would require the landlord's agreement.
Can a landlord remove an eviction?
Tenant Agrees to Pay All Back Rent/Fees: If the cause for eviction was non-payment of rent, the landlord may be willing to cancel the process if the tenant pays everything they owe in full. Getting current on rent preserves the landlord-tenant business relationship and rental income stream going forward.
Does an eviction warning go on your record?
Your credit reports don't include eviction records, but if you owe rent or fees to your landlord and the debt is sent to collections, the collection account can appear in your credit reports and hurt your credit scores.
Why do cases get vacated?
The following are instances that will give a court cause to vacate its judgment under California law: You never received a legal notice that you were the defendant in a civil case. You failed to attend court due to illness or other circumstances. There were considerable issues with your legal representation.
Does vacated mean cancelled?
A: In California, when a court hearing is described as "vacated," it means that the scheduled hearing has been cancelled and will not take place as originally planned.
What is the effect of a vacated judgment?
If a defendant is successful in their motion to vacate the judgment, then the conviction will be erased from the individual's criminal record. If a plea were entered, that plea would be withdrawn. This does not mean that the case will be dismissed. The case will only be rejected if the prosecutor agrees to dismiss it.