jimmy mcmillan*Jimmy McMillan may have founded The Rent Is Too Damn High fringe political party, but the rent had nothing to do with him receiving an eviction notice.

The New York Daily News reports that the notice is ordering McMillan out of his $872-a-month rent stabilized East Village apartment. As a result, the gubernatorial candidate has taken steps to delay the eviction with filing suit in Brooklyn Federal Court.

A city marshal is scheduled to carry out the eviction Feb. 5. McMillan is acting has his own lawyer in the case, which notes that he’s also demanding $1.3 million in monetary damages.

The Daily News noted that McMillan, a 68-year-old Vietnam War veteran, has been embroiled in a legal battle with the landlord, Lisco Holdings LLC. The landlord claims McMillan actually lives in Brooklyn and the one-bedroom flat on St. Marks Place wasn’t his primary residence.

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

According to McMillan’s two-page complaint, Lisco 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,” said McMillan, who ended up getting a new key on his own.

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

Despite being known for his The Rent Is Too Damn High party, McMillan insists no beef exists over the rent. He goes on to claim that the landlord repeatedly refused to accept his rent check because they’re trying to get rid of low-paying tenants like him in order to set the stage for renting the place out for a lot more money.

“The (St. Marks Place) rent doesn’t have anything to do with my movement,” McMillan said, adding that his Brooklyn address was merely for an office. McMillan confessed that he lived in the Manhattan apartment with his four-year-old son, Jimmy, who now serves in the Army.

When asked where he would go if the eviction goes through, McMillan stated, “I don’t have a clue.”

To see the report on McMillan, check out the video below: