Can I secure my lease if the property manager has already cashed out my rent deposit even though the lease has not been signed?

The terms are what you agreed too at the time you submitted you deposit. The landlord should not changing the terms. Unfortunately you did not sign a lease or deposit agreement so it is you word against theirs. I would ask to speak with her supervisor. I would be concerned with sign a lease with someone kept changing the terms and would ask for my deposit back if they won't go back to the original agreed terms.

I think you have a case, but is it worth the fees and ill will.

A 24 month lease is okay, (though unusual in a residential lease context) but it must be in writing and acknowledged before it will be valid. Otherwise, all that is created is a month to month tenancy. Aside from this, I'm not sure there is enough information here. Did you sign the lease but your landlord has not yet. If so, their acceptance of the deposit and cashing it could be considered acceptance on their part as well, and refusing to honor the agreement could be a breach. If no one has signed yet, and your deposit is merely to hold the unit, since you are ready, willing and able to perform, you should have no problem getting your money back in full. You should not have to accept terms you do not agree to. It sounds like there may be more going on here as well. There are significant vacancy rates all over right now. Is there something special about this unit that would cause people to get into a bidding war just to live there. With the high vacancy rates right now, landlords are often competing with other landlords for low rents or move-in specials just to fill up vacancies. You should consult with an attorney about this due to the circumstances.

It seems from the facts you have provided that you have evidence of a valid contract since the property manager has cashed the deposit for the first month. I would like to look at the written lease, but unless there is a statement that your offer is not accepted until the Landlord has signed it, or if the lease has already been signed by the landlord or the property manager, you are probably OK. If the lease has been signed and you have fulfilled all of your contractual obligations, tell the property manager that you will live up to your end of the bargain and that you expect her to do the same. Move in if you have not already done so. If they try to evict you, file a written response with the court and present the check and lease agreement in your defense. Keep copies of everything and make sure that everything is in writing.

Until the lease is signed it is up in the air. Of course, the property manager will have to return your security deposit.

If you have signed a lease, yes. If not, then you may have an oral contract, which would not be worth going to court to fight for, b/c of the small amount of money involved. If the condo has some particular value that makes it special to you, then it's easier just to pay the higher fees if it's worth it to you.