from him.

At most, it might be said that he took possession of it under an invalid lease. Were that so, he would be entitled to leave whenever he wished; indeed, he would be obliged to return the property to the landlord, as with anything received under an invalid contract. Moreover, according to one of the two scholarly opinions, he would owe the stipulated rent or the fair rental value. According to the other, he would owe whichever of the two is less.

Thus, a higher offer may not be accepted, whether the property is an endowment, an orphan’s property, or anything else, unless the lease is nonbinding. This is the case when the tenant is free to leave and hand the property back to them whenever he wishes—what people commonly call “vacating and locking up.” If he is free to vacate and lock up, the landlord is likewise free to evict him and lease the property to someone else, even if no higher offer has been made. He must act according to what he judges to be in the best interests.