Property Manager Retaliates Against Tenant-Blogger by Claiming Lease Violation For Disturbance

Within minutes of arriving back at my apartment this afternoon, there was a loud knock at my door followed by a voice announcing the it was the management at the door.
I opened the door to see Landmark at Rosewood property manager, Jennifer Dales, assistant manager Nikki Meadows and an un-identified officer (I don't know if it was an off-duty Dallas policeman or a security guard).

Nikki Meadows handed me a notice of lease violation that stated I was in violation of my lease contract. The explanation listed as follows:

You are in violation of your lease contract - Paragraph 20 you must remove your blog ads from your vehicle immediately. If this is not corrected by 3-12-2014 you could be charged an initial lease violation fee of $100 and $50 per day after until the issue is resolved. We will take any legal action we feel necessary.

Here is the lease violation that I was given: (click image to see larger)

The above referenced "blog ads" taped to the window of my vehicle says the following:

Fed up with Landmark @ Rosewood management?

* Water pipes breaking     *Roaches

*BS parking    *Water charges

Manager: "Its not our fault"

go to.....LandmarkAtRosewood.blogspot.com

Paragraph 20 "Prohibited Conduct" and the part of the lease contract that I assume management is referencing states (see attached copy of entire paragraph):

"tenant shall not engage in the following conduct... injuring our reputation by making bad faith allegations against us to others."

This blog and any advertisements for the blog that are affixed to my personal vehicle are both protected as free speech as stated in the first amendment. The first amendment to the constitution of the United States says,

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Information posted to this blog does not include any bad faith allegations nor is it intended to injure their reputation. It is protected free speech. The first amendment gives every American the right to freedom of speech. I have the right to say whatever I wish AS LONG AS WHAT IS SAID IS THE TRUTH. See Moore V. Hoff.
I have copies of emails that support what is said on this blog.

I believe the management is in direct violation of Texas Property Code Section 92.331 - Retaliation by Landlord. See section 92.331 below.

§ 92.331. RETALIATION BY LANDLORD. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; or (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and (B) believes in good faith that the complaint is valid and that the violation or problem occurred. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (3) decreasing services to the tenant; (4) increasing the tenant's rent or terminating the tenant's lease; or (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease.

To end this post.... I want to make it clear to the general public that I have requested to management to have my lease terminated without having any penalties charged. In other words... Management has a resident who has had some issues with how work requests have been handled as well as being upset after having documented that management lied to them. The resident simply wants to walk away even though there are sufficient grounds to file suit against the apartment management to have the lease terminated due to landlord breach of contract. The management appears to be choosing to fight back against the tenant by retaliating as detailed in this post rather than choose to defuse the situation by granting the lease termination request. I wish I could say I will be surprised if they choose to fight this legally because, it will all be a matter of public record and in my opinion they would look REALLY BAD in the public eye for going after a tenant when they have been in the wrong to begin with. It is their choice though.