How do I remove the cable from my terrace?

How do I remove the cable from my terrace?

"A cable used for computer connections runs from the roof of my building to the roof of the building opposite. When I moved into the penthouse flat I rent, I asked for the cable to be removed, and the response was that it would be soon. But now it's still there and, apart from the fact that it's particularly unsightly, I'm not very reassured in terms of safety (in the event of a storm etc.) because it runs right over my terrace. I'd like to know how I can get the council to remove it.

Leslie, Geneva

Under art. 256 of the Swiss Code of Obligations, the lessor is obliged to deliver the property on the agreed date, in a condition suitable for the use for which it was leased, and to maintain it in that condition.

Art. 259a CO et seq. define the rights of tenants. If there are defects in the property for which the tenant is not responsible and which he is not obliged to remedy at his own expense, or if the tenant is prevented from using the property in accordance with the contract, he may demand that the landlord restore the property to its original condition, reduce the rent proportionately or pay damages. The tenant of a building may also deposit the rent.

Pursuant to art. 258 of the Swiss Code of Obligations, the tenant may assert the above-mentioned claims if, at the time of delivery, the item has defects that restrict the use for which it was leased and the tenant has accepted the item despite the defects.

In your situation, it would appear that the cable could constitute a defect that restricts the use of the flat you rent, since it hinders your enjoyment of the terrace, especially as the landlord had undertaken to remove it. You could therefore remind the landlord of this defect in writing, by recorded delivery, and give him a reasonable period of time in which to rectify it, informing him that if it is not rectified within this period, you will deposit the rent with the conciliation board for leases and rents. You can also demand that the landlord reduce the rent proportionally from the time he became aware of the defect, or claim damages if the landlord does not prove that he is not at fault.