I was thinking that the pot it came in was a little small. I rent a townhouse and cant really be planting a tree in the yard either so I thought a bigger pot might be the right route. Should I just wait till spring?
If the tree is doing OK, I would just leave there until next year. Don't re-pot unless it is a real emergency. Also, next year if you go to a bigger pot, don't go too big. Just untangle the roots and repot on a bigger pot that will leave space for growth of the roots freely without being restrictive. But you also don't want to give too much space.
If the tree is indoors, that's not good, it should be outdoors or it won't make it.