Legal Definitions - Vacate

The term "vacate" has two primary meanings in a legal context:

• To set aside a judgment or order: When a court decides to vacate a judgment or order, it means the court is cancelling, annulling, or setting aside that previous decision. It's as if the original judgment or order never happened, or its legal effect is nullified.
• To leave premises: In property law, to vacate means to physically leave or surrender occupancy of a property or premises.

Here are some examples illustrating these meanings:

• Example 1 (Setting aside a judgment): A state's highest court reviews a lower court's ruling in a complex business dispute. After finding a significant legal error in how the lower court interpreted a key contract clause, the higher court decides to vacate the original judgment. This means the lower court's decision is nullified, and the case might be sent back for a new trial or for the lower court to issue a new ruling based on the correct legal interpretation.

  Explanation: This illustrates *vacating* a judgment because the higher court is canceling the legal effect of the initial ruling, treating it as if it never occurred due to a procedural or substantive error.

• Example 2 (Leaving premises - Residential): A tenant's one-year lease agreement for their apartment is expiring on September 30th. According to the terms of their lease, they must vacate the premises by that date, meaning they need to move all their belongings out, clean the apartment, and return the keys to the landlord.

  Explanation: This shows *vacating* the premises, as the tenant is physically departing from and giving up their right to occupy the rental apartment.

• Example 3 (Leaving premises - Commercial): A restaurant chain decides to close one of its underperforming locations. The company informs its landlord that it will vacate the commercial space by the end of the month, removing all kitchen equipment, furniture, and signage, and surrendering possession of the property.

  Explanation: Here, *vacate* refers to the business physically leaving and surrendering possession of the commercial property it previously occupied.