Thanks for the additional clarification.
Unfortunately, and as you might guess would be the case, CA law prohibits landlords from placing waivers in lease agreements that removes any rights granted to a tenant by CA law. The clause that you propose would be found to be illegally and unenforceable under the law.
As you may be aware, in the event that rent is not paid, you can issue a 3 Day Pay or Quit Notice and then immediately file for Unlawful Detainer. I will even give you the forms you need below. Also, you are allowed to demand a security deposit equal to up to 2 months' rent (three months' if the place is furnished) and that might be a good idea to protect yourself when you rent to tenants with terrible credit.
If necessary you can process the eviction yourself. Let me explain.
Below are links to the forms you will use in the CA court to evict the tenant. If there are any other persons there who are not tenants under your agreement, you must serve him with a separate document if you do not identify and name them in the Unlawful Detainer Complaint.
Under the law, if the reason for eviction is the failure to pay rent, or a violation of the rules, you may file the eviction after the Three Day Cure or Quit Notice is served on them.
If they are month to month tenants and you just want them out, and they have been there less than 1 year, you must first serve/hand or post at their door a written 30 day Notice of Termination of Tenancy. If they have resided there more than a year, the notice must be a60 day notice. The process, after you file the Unlawful Detainer Complaint in the court, from start to finish takes onaverage3 to 4 weeks and I’m sorry, but there is no way to expedite it beyond that time frame.
If rent is paid on the first, you can serve the notice at any time, but it won't be effective (the end of the 30days) until the end of month following the day you first serve them with the Notice of Termination. Here is a link to the 30 day notice of termination form that you must first serve on them. http://www.hrfh.org/forms/30_Day_Notice_of_Termination_of_Tenancy.pdf
Here are the forms you will need---the Summons and Complaint for Unlawful Detainer, the Default form if they don't file an Answer to the Complaint, and a Judgment form:
Unlawful Detainer Form
Request for Entry of Default
Do it Yourself Guide for Evictions
Document to serve on other non-tenant persons staying in the home, if you don’t identify and name them in the Unlawful Detainer Complaint
Three Day Pay or Quit Notice
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