Can I start a country in my apartment and make my own laws?

Let’s look at this fascinating scenario, you wake up one day, you look at your apartment, and one of the ideas that comes into your mind is, “Why not declare independence?”  Design a flag, draft a constitution, compose an anthem, and name my living room the capital of the new nation.

To make it even more special you can name the country after yourself. But can you really start a country in your apartment and make your own laws?

This question might sound strange and illogical but it has been asked more than you can think. From self-declared micronations to secessionist movements, the idea of people wanting to create their own independent state from their apartment has the ambition of rebels, dreamers, and legal scholars.

In this piece we will answer the legal and practical of the idea of starting a country in one’s apartment and making one’s own laws.

What Makes a Country a Country?

According to Article 1 of the 1933 Montevideo Convention on the Rights and Duties of States, a state must fulfill the following requirement:

• A permanent population
• A defined territory,
• A government
• The capacity to enter into relations with other states.

Now folks, let’s juxtapose this requirement to your apartment. Your apartment might tick some of the boxes. First and foremost, you are the permanent population of your apartment. Secondly, you have a defined territory, your apartment has walls and boundaries, but your lease agreement might disagree, but let’s take it that way.

You can declare yourself the president; however, the last and most important requirement, the capacity to enter into relations with other states might be lacking.

Since no country is an island, you need to be recognized by other sovereign states, otherwise, your country only exists in your apartment and mind and is not recognized by international law.

What does the law say about starting a country in your apartment?

Supposedly, your apartment meets the Montevideo requirement, you must remember that your apartment is located in a country and must obey the law of the country it is located in. let assume that you are just like me and you rent, your landlord holds major control and even if you own the apartment it must comply with local property law, regulations and taxes.

One thing you have to bear in mind is that a lease or a proprietary deed only gives you the right to occupy or own space based on an existing law but not sovereignty. This means that declaring your apartment an independent country would require setting aside the laws of the country you live in. 

Let’s apply the laws of the United States. In the US, property owners’ rights are outlined in legal frameworks like eminent domain, zoning laws, and federal regulation as in the case of Kelo v. City of New London (2005). This implies that trying to secede would result in legal actions, including eviction.

What is the creative way you can start a country in my apartment?

Guys, let’s get creative. To every law there is a loophole.  Rather than declaring your apartment a fully recognized state, declare your apartment a “micronation.”

A micronation is an entity that claims to be an independent nation or state but lacks legal and international standing. Examples include the Principality of Sealand (on a sea fort off the UK), the Republic of Molossia (in Nevada), and the Kingdom of North Dumpling (on a private island in New York).  To escape the legal bruhaha, your apartment could join the micronation club and get to design your dream flag, anthem, and laws of your choosing.

Can you craft your own law?

Making house rules is not something new. You can declare your own set of rules, like no shoes on the carpet, no late eating, or no junk food during the weekends. However, these are house rules, not law.  Laws are recognized and enforceable, any violation could result in sanction. Hence, your house rule, it is only binding on you and your family but can not be enforced outside your apartment.

There are also bylaws, which are a set of rules established by an organization to manage and regulate the activities of their members. The fundamental rule is that no rule or bylaw is greater than the constitution of the country you reside in.

Concluding With Your Apartment, Your Rule?

Despite how fancy it sounds to start a country in your apartment and make my own laws, it has no legal and practical standing. Creative wise, you can declare your apartment as a country, set your own rules, design a flag, compose an anthem, and get your own currency, but it lacks international recognition and true sovereignty. This means your apartment must comply with the laws of the country you live in.

However, to be on the safer side, just declare your apartment as a micronation and draft a constitution for those living there but make sure to keep your family and lawyer on speed dial when the eviction notice arrives.

FAQs

1. Can I draft my own laws for my apartment?

Yes, you can make laws for your apartment but the laws are binding on the people you share your apartment with.

2. Is it illegal if I declare my apartment a micronation?

No, declaring your apartment a micronation is not illegal.

3. Can I issue a passport or currency as a micronation?

Yes, you can issue novelty passports or currency, however, they have no legal standing.

4. What is the requirement to be a recognized country?

A country must meet the following requirements to be recognized as defined by the 1933 Montevideo Convention.

• A permanent population
• A defined territory,
• A government
• The capacity to enter into relations with other states.

5. What is a micronation?

A micronation is an entity that claims to be an independent nation or state but lacks legal and international standing.

6. What is a bylaw?

Bylaws are a set of rules established by an organization to manage and regulate the activities of its members.