The [tenants guide][1] distributed by the California courts addresses this (partially) on p. 21 > The rental agreement may be oral or written, however, it is strongly > recommended that the parties have a written rental agreement. The > landlord is required to provide the tenant with a signed copy of the > rental agreement within 15 days of its execution. The landlord and > tenant should retain copies of the signed rental agreement for their > records. An oral agreement is an agreement where the terms are agreed > upon by spoken communication. This is in contrast to a written > agreement where the terms are set forth in a written document. A > tenancy term of more than one year must be in writing. Oral agreements > for a tenancy term of more than a year are unenforceable. Text messages are a form of writing. However, looking at the bits of code in the associated footnote, [Cal. Civ. 1624][2] > (a) The following contracts are invalid, unless they, or some note or > memorandum thereof, are in writing and subscribed by the party to be > charged or by the party’s agent: ... (3) An agreement for the leasing > for a longer period than one year, or for the sale of real property, > or of an interest therein; such an agreement, if made by an agent of > the party sought to be charged, is invalid, unless the authority of > the agent is in writing, subscribed by the party sought to be charged. ("subscribed" means signed). An unsigned written 2 year lease is invalid, so by default the only lease that exists is a month-to-month lease. That is sort of what the attorney was saying. [1]: https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf [2]: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1624.