EXCLUSIVE: Jimmy McMillan of 'The Rent Is Too Damn High' receives eviction notice

McMillan has been slapped with an eviction notice ordering him out of his $872-a-month rent stabilized East Village apartment. The 68-year-old has been embroiled in a legal battle with the landlord, who claimed the one-bedroom flat on St. Marks Place wasn’t McMillan’s primary residence, and that he actually lives in Brooklyn.

The too-damn-high rent is now the least of Jimmy McMillan’s problems.

The flamboyant gubernatorial candidate has been slapped with an eviction notice ordering him out of his $872-a-month rent stabilized East Village apartment.

McMillan, founder of the fringe political party called The Rent Is Too Damn High, has filed suit in Brooklyn Federal Court seeking to stave off the eviction, which is scheduled to be carried out by a city marshal Feb. 5. Acting as his own lawyer, he is also demanding $1.3 million in monetary damages.

The 68-year-old Vietnam War veteran has been embroiled in a legal battle with the landlord, who claimed the one-bedroom flat on St. Marks Place wasn’t McMillan’s primary residence, and that he actually lives in Brooklyn.

“They don't have the authority to evict me,” McMillan told the Daily News on Monday .

KATHY KMONICEK/APEnlarge

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Jimmy McMillan of 'The Rent Is Too Damn High' plans to fight the eviction notice in court.

McMillan’s two-page complaint says landlord Lisco Holdings LLC did not comply with an order from the Housing Court in 2009 to give him a new key after locking him out of the building .

“They never gave me a damn key,” he said, so he obtained a new one on his own.

Lisco’s lawyer did not return a call for comment.

McMillan insists there’s no beef over the rent tab — in fact, the landlord had repeatedly refused to accept his rent check because, he claims, they’re trying to get rid of low-paying tenants like him so they could rent the place out for much more money.

ALEC TABAK/FOR NEW YORK DAILY NEWSMcMillan's landlord argues the St. Marks Place apartment isn't his primary residence.

“The (St. Marks Place) rent doesn’t have anything to do with my movement,” he said.

McMillan said the Brooklyn address was merely an office and that he lived in the Manhattan apartment with his son, Jimmy 4, who is now in the Army.

Asked where he’d go if he gets the boot, he said, “I don’t have a clue.”