Updated

A New York City man who made his political name over the claim that "the rent is too damn high" may soon not have a place to live.

Jimmy McMillan, who ran for governor in 2010, said Tuesday he's facing an eviction notice that says he has to leave his rent-stabilized Manhattan apartment on St. Mark's Place by Feb. 5.

McMillan filed papers in federal court in Brooklyn last week seeking a stay of the eviction notice. His attorney has filed with a state appeals court as well, seeking a stay of the eviction order which stems from a dispute in housing court.

McMillan's attorney, John DeMaio, said Lisco Holdings had brought a case against McMillan a couple of years ago. In the course of dealing with that issue, DeMaio said McMillan's rent became overdue. He said a judge recently refused to allow McMillan to pay a sum that would have covered most of the amount due and then make up the rest and instead issued the eviction order. He is appealing that refusal.

McMillan said his landlord wants him out to be able to charge market rent to someone else. "The bottom line is, they want me out for more money," he said. He has lived in the East Village building since 1977, he said.

A call to the landlord company and an email to its attorneys were not answered.