An elderly man who was given just three months to live and is barely able to move now faces being evicted from his home.

US man Mervin Haley is battling from stage four lung cancer and has fallen behind in his rent, but that hasn't stopped his landlord from trying to evict the elderly battler.

Management told the family Haley was about US$500 behind in his rent and asked for full payment as of the first week in January.

Haley's family has attempted to help pay for the man's rent, but the money gathered didn't cover it all.

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Haley now owes $1500 after late fees adding to the financial stress.

But the family's plea has fallen on deaf ears, with a judge ruling that Haley must be out of the home on Sunday 6pm local time.

Mervin Haley, who has been told he has just three months to live, now faces being evicted from his home. Photo / Fox 59
Mervin Haley, who has been told he has just three months to live, now faces being evicted from his home. Photo / Fox 59

His ex-wife and caregiver, Denise Haley, said there is no way he can leave home without falling further ill, and potentially risking his life.

"Right now can't eat, drinks very little, can't walk, talk and there's no way he can possibly leave this home and that was also his last wish to be home as his dying place," she told Fox 59.

"If he goes outside he's going to get pneumonia and that's going to end him right there."

Haley's ex-wife wrote a letter to the judge requesting more time to raise the money.

She's also detailed her ex-husband's current condition in the letter.

Denise contacted the leasing manager to organise a payment arrangement to keep Haley in his home but there's no guarantee the corporate office will approve it.

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If their payment arrangement isn't approved, Haley will either have to leave his home on his own accord or be forced out by police officers on Monday.

They are still waiting to hear if their payment arrangement request will be approved.