Define: Vacate

Vacate
Vacate
Quick Summary of Vacate

The term “vacate” refers to the act of leaving a location or property. In legal contexts, it can also refer to the cancellation or overturning of a previous decision or order. Examples of relevant court cases include Sears v. Upton, 130 S.Ct. 3259 (2010) (regarding a judgement) and Thorpe v. Housing Authority of City of Durham, 393 U.S. 268 (1969) (regarding the premises). Related terms include verdict, eviction, and real property.

Full Definition Of Vacate

To vacate in civil and criminal procedure refers to the act of canceling or setting aside a previous judgement or order. In property law, it means surrendering or leaving the premises. For instance, in Sears v. Upton, the previous decision was vacated, while in Thorpe v. Housing Authority of City of Durham, the tenant vacated the property.

Vacate FAQ'S

To vacate a property means to leave it and give up possession of it.

A landlord can only force a tenant to vacate a property through legal means, such as an eviction process.

The amount of notice a landlord has to give a tenant to vacate a property varies by state and the reason for the eviction.

Yes, a tenant can vacate a property before the lease is up, but they may be responsible for paying rent until the end of the lease term.

If a tenant does not vacate a property after the lease is up, the landlord may have to go through the eviction process to remove them.

No, a tenant cannot be evicted without a court order to vacate.

Yes, a tenant can be evicted for not paying rent, but the landlord must follow the legal eviction process.

Yes, a tenant can be evicted for violating the lease agreement, but the landlord must follow the legal eviction process.

In some states, a landlord can evict a tenant for no reason as long as they give proper notice and follow the legal eviction process.

The security deposit is typically returned to the tenant after they vacate the property, minus any deductions for damages or unpaid rent.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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