Leasing a Café, Restaurant or Retail Space on the Gold Coast – Legal Tips for Success

Raymond Duffy
7 days ago
3 min read

Turning Your Business Dream into Reality

Opening a café, restaurant, or retail store on the Gold Coast can be an exciting step — vibrant tourism, steady local trade, and year-round sunshine make it one of Queensland’s prime business locations.

But before you commit to a lease in areas like Broadbeach, Burleigh Heads, Surfers Paradise, or Southport, it’s vital to understand your legal rights and obligations. The lease you sign will impact your business costs, operational flexibility, and long-term security.

At Greyson Legal | Leasing Lawyers Gold Coast, we help café owners, restaurateurs, and retailers negotiate clear, fair, and compliant lease agreements — ensuring your business is built on solid legal ground.

Retail or Commercial Lease – Know Which Applies

In Queensland, most café, restaurant, and retail shop leases fall under the Retail Shop Leases Act 1994 (Qld).

This legislation provides protections for tenants, including:

Mandatory Lessor Disclosure Statements
A requirement for transparency of lease terms
Restrictions on certain unfair lease clauses
Dispute resolution options through the Queensland Civil and Administrative Tribunal (QCAT)

However, not every lease is covered by this Act. Non-retail premises are governed by standard commercial lease principles instead.

Always confirm whether your proposed lease is a retail shop lease under the Act — this determines your rights, disclosure obligations, and dispute resolution process.

Review the Lease — Don’t Sign Blindly

A lease is a legally binding document that can lock you in for 3 to 10 years or more. Before signing, Greyson Legal Gold Coast leasing lawyers can review the lease so you understand:

Rent structure: Fixed, CPI, or market rent increases
Outgoings: What building and maintenance costs are you responsible for?
Option to renew: Do you have the right to extend the lease?
Make-good obligations: What condition must the premises be returned in?
Personal guarantees: Are you personally liable for rent if the business fails?

Disclosure Statements – Read Them Carefully

Before signing, both landlord and tenant must complete Disclosure Statements. These outline key financial and operational terms.

The landlord’s disclosure should include:

Premises details and permitted use
Rent and outgoings
Fit-out contributions
Any existing defects or works
Centre trading hours and rules

As a tenant, you must also provide a Lessee’s Disclosure Statement confirming you’ve obtained independent legal and financial advice.

If a landlord fails to provide accurate disclosure, you may have rights to terminate the lease or claim compensation.

Fit-Out and Refurbishment Obligations

Cafés and restaurants usually require substantial fit-outs — kitchens, counters, ventilation, plumbing, and signage.

Before signing:

Clarify who pays for the fit-out (landlord, tenant, or shared cost).
Confirm if there are landlord design or brand guidelines.
Check for any “refurbishment clause” requiring you to upgrade during the lease.

Security Deposits and Bank Guarantees

Landlords often require a security bond or bank guarantee (typically 3–6 months’ rent).

Be clear on:

How it’s held
When it can be claimed
The process for release after lease expiry

Ensure the security is returned promptly after you’ve met make-good obligations — this should be clearly stated in the lease.

Location, Competition & Exclusive Use Rights

Your lease should clearly define your permitted use and whether you have any exclusive rights (e.g., exclusive right to sell coffee or baked goods).

This is crucial in shopping centres where similar businesses may compete.If exclusivity isn’t granted, your landlord could lease to a direct competitor nearby.

Lease Disputes and Early Termination

Disagreements between landlords and tenants can arise over rent, repairs, outgoings, or lease renewal.

The Retail Shop Leases Act requires parties to attempt mediation before proceeding to QCAT. At Greyson Legal, we help clients:

Negotiate variations or rent relief
Resolve disputes

If you wish to exit your lease early, we can advise on assignment or sublease options, and negotiate a legal release of obligations.

Why Work With a Gold Coast Leasing Lawyer

Every suburb on the Gold Coast — from Coolangatta to Coomera — has unique commercial leasing conditions.Our local experience means we understand:

Shopping centre lease structures
Tourism-driven turnover rent clauses
Coastal property maintenance issues
Landlord disclosure practices unique to Queensland

At Greyson Legal, we focus on clarity, compliance, and commercial outcomes — so you can concentrate on running your business.

Get Legal Help Before You Sign Your Lease

Before you sign your café, restaurant, or retail shop lease, get the right legal advice.A small oversight today can become a major financial issue tomorrow.

📞 Phone: 0411 248 885 📧 Email: mail@greysonlegal.com 🌐 Website: https://www.greysonlegal.com/leasing-lawyers-gold-coast