I live in a one bedroom appartment in a 200 unit appartment complex in Massachusetts. My lease ends in March 2007. From April 2007 onwards, I wish to lease a two-bedroom apartment in the same complex.

When I approached my landlord and asked about leasing a 2 bedroom from April 2007, he said that first preference would be given to new tenants. Only if there are no new tenants for the 2 bedroom apartments, then he would consider my request (ie requests from existing tenants who want to move from a one bedroom to a 2 bedroom unit). His reasoned that if he allowed me to move to a 2 bedroom, then he would incur expenses on both my old apartment ( in order to attact a new tenant) and also on the new apartment.

Is he right to give preference to new tenants over existing tenants? I have an excellent credit score and have never missed a rent ! Which government agency can I approach to solve this issue? I live in Massachusetts

It’s his apartments and his rules. I wouldn’t do it either because if I let you do it then everyone else would want to do the same thing. But, the real problem is that switching apartments would only create problems for your landlord. Naturally you would clean the apartment and as is always the case it will not be to the satisfaction of the landlord. He would have to deduct his cleaning fees from your deposit and insist that you make up the difference if you wish to stay in your new apartment. You would be pissed off and either refuse to sign a new lease or refuse to pay. Then he has to spend additional time chasing you down. It’s much easier to just say no.

:mad: Just move out. Obviously, you are not considered a good enough tenant to keep you. In CA my husband had a Studio apartment, and then we got married and he asked for a 2 bedroom. We were first served, then new tenants. If your a good renter, the landlord should want to keep you.

But, his apartment his rules. Just let him incur the cost of having two vacant apartments.

The other problem I didn’t mention is that the LL probably feels that an empty 2 brm apartment is easier to rent than a single brm apt. By allowing the switch he is basically working against himself. He is betting that you will not move. In a large 200 unit apartment if you left, it would not make much of a dent on his income. But, in a mom and pop operation it would.