I signed a lease to move in on July 1st, and today, June 27th, he calls me and tells me I won't be able to move in until at least July 4th. I have already paid him the deposit, and can't stay at my current place past the first without paying an additional months rent. I also have items I purchased for the apartment that must be picked up by the first. Is not having the apartment available by the agreed move in date a breach of contract?

I live in Austin, TX by the way.

This is a breach of contract but it sounds like you are hoping for a deal breaker, is this what you want to do?

Yes, it can be considered that if the lease says that you have that specific day. If of course the lease gives them some ability to change it. At the end of the day, it will be up to the judge to decide.

What is the reason ? Other renter not moved out ? Are they offering you any compensation, free rent, pay for your old apartment till this one is ready , storage ?

They said that the current resident's lease runs through July 31st, but the current resident "told him" he would be out by July 1st, that's why he leased it to me. I just looked over the lease again and it said that move in date is the 1st day of July 2010, so I would assume this is a breach of the lease agreement. Does anyone know a law or article I could quote that proves this is a breach of the lease? Thanks...

If they can not honor the terms of the lease then it is a breach, So you have to actually show up at their office for the key, and be refused, ** remember they can deny anything said over the phone. Even consider doing it on video tape, with them refusing to give you the key or honor the rent, but for sure have a non related witness with you.

At that point they have broken the lease. But remember even if a breach under the law, the issue will be what the court will do or honor, and a bus full of attorneys can tell you it is, but it has to end up in court if the other side will not just honor the breech.

So what do you want, just out of it, and your deposit back ?
What in writing have you asked them for ?